Shri. Dattu Deoram Nikule And ORS v. State Of Maharashtra Thru Secretary, Tribal Development Dept. And ORS

49.wp.2162-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Writ Petition NO. 2162 OF 2019 Shri. Dattu Deoram Nikule And Ors

...Petitioners

Versus

The State Of Maharashtra And Ors

...Respondents

....

Mr. Sachin Gite, Advocate for the Petitioners. Mr. S.S. Panchpor, AGP, for Respondent Nos.1 and 6 to 8. Mr. Ajinkya J. Jaibhave, Advocate for Respondent Nos.2 to 5. ....

CORAM : K.K. TATED & SARANG V. KOTWAL, JJ.

DATE : 05th NOVEMBER, 2019 P.C.

1.

Heard the learned Counsel for the parties.

2.

The main grievance of the petitioners is that respondent No.2 is not ready to accept their application under Section 6 of the Schedule Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.

3.

The learned Counsel for respondent No.2 Forest Right Committee makes a statement that he has instructions from his client that they are ready and willing to accept the application of the petitioners. 1 / 2

49.wp.2162-19.odt 4.

Considering this fact and the statement made by the learned Counsel for respondent No.2, by consent of both parties, following order is passed :

(a) The petitioners are permitted to file appropriate application under Section 6 of the Schedule Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 with the Forest Right Committee of village Kherdi, Taluka - Surgana, District - Nashik within a period of four weeks from today. (b) If such type of application is filed within time, respondent No.2 Committee is directed to decide the same on its own merits and inform the decision thereon to the petitioner thereafter. (c) The Petition stands disposed of accordingly.

(d) No order as to costs.

(SARANG V. KOTWAL, J.) (K.K. TATED, J.) Deshmane (PS) 2 / 2