Bhiva Jiva Bujad And ANR v. The State Of Maharashtra Through Secretary Revenue And Forest Dept. And ORS

7 - WPST. 26545-19 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (St.) No. 26545 OF 2019 Bhiva Jiva Bujad & Anr.

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Petitioners Vs.

The State of Maharashtra & Ors.

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Respondents *** Mr. Suresh M. Sabrad a/w Mrs. Neha R. Parte, for the Petitioners. Dr. K. R. Kulkarni, AGP for Respondent - State. *** CORAM : INDRAJIT MAHANTY, & N. B. SURYAWANSHI, JJ.

DATE : OCTOBER 1, 2019 PC :

1.

The application tendered by the Petitioners on 12th July 2018 (Annexdure A to the petition) seeking permission for alienation of land under Section 36A of the Maharashtra Land Revenue Code, 1966, is pending for consideration with the Collector, Thane, and no decision has yet been taken.

2.

The application tendered by the Petitioners before the Collector shall have to be forwarded to the Higher Authorities, i.e. Divisional Commissioner and the said Authority shall have to forward the same to the State Government alongwith its recommendation / report. 3.

It is informed that the petitioners have made all necessary 1 / 2

7 - WPST. 26545-19 compliance as directed by the Collector. In the circumstances, we dispose of the Petition with following directions : (i) The District Collector (Respondent No. 3 herein) shall ensure that the Petitioners' application is forwarded to the Divisional Commissioner alonwith his report / recommendation as expeditiously as possible and preferably within two weeks from today. The Divisional Commissioner shall examine the report / recommendation made by the District Collector and forward the application alongwith his recommendation / report to the State Government as expeditiously as possible and preferably within two months from the date of receipt of report / recommendation of the Collector. The State Government shall thereafter take appropriate decision on the proposal / application as expeditiously as possible and preferably within two months from the date of receipt of proposal / application alongwith report / recommendation from the Divisional Commissioner.

(ii) The writ petition is disposed of in the aforesaid terms. Sd/- Sd/- [N. B. SURYAWANSHI, J.] [INDRAJIT MAHANTY, J.] Vinayak Halemath 2 / 2