Dagadu Tukaram Bhagade v. The State Of Maharashtra And ORS

VIDYA SURESH AMIN VIDYA SURESH AMIN Date: 2023.07.07 19:56:05 +0530 17-WP-402-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 402 OF 2023 Dagadu Tukaram Bhagade

...Petitioner

Versus

The State of Maharashtra & Ors.

...Respondents

....

Mr. Sachin H. Deokar for the Petitioner.

Ms. Shruti Vyas '

B' Panel counsel for the State.

Ms. Siddharth Bhandare i/b DRO Pune Deputy Collector Resettlement, Pune.

CORAM

:

G. S. KULKARNI & JITENDRA JAIN, JJ.

DATE :

5 JULY, 2023 P.C.

1.

We have heard Mr. Deokar learned counsel for the petitioner and Mr. Vyas learned counsel for the respondent on this petition. The substantive prayers as made in the petition reads thus:

"a) rule be issued, records and proceedings be called for; b) by an appropriate writ, order or direction, this Hon'ble Court be pleased to direct the Respondents herein to delete the Mutation Entry No.626 dated 16.9.2016 from Gat No.275 (old Gat No.949), situated at Village Padhali, Taluka Khed, District Pune;"

2.

Ms. Vyas, on instructions, makes a statement that if the petitioner approaches the District Resettlement officer, Mr. Bhandare with all the relevant documents on 10 July 2023, Kiran Kawre

17-WP-402-2023.doc the said officer can look into the documents and pass further appropriate orders in accordance with law. Mr. Deokar on instructions would state that the petitioner is not averse to appear before the said Officer along with all the documents, in support of his entitlement and as being canvassed in the petition. Mr. Deokar has also drawn our attention to the communication dated 30 January 2020 of the Deputy Collector (Land Acquisition) no.22 Pune, addressed to the Deputy Collector Resettlement, Division Pune, in regard to the appropriate mutations which are required to be carried out, a copy of which was forwarded to the petitioner. In this view of the matter, in our opinion, it is for the respondents to take an appropriate decision and make necessary revenue entries in the record of rights as may be permissible in law. 3.

We accordingly dispose of this petition, permitting the petitioner to approach the said officer on 10 July 2023 at 11.00 a.m. who shall pass further appropriate orders. 4.

All contentions of the parties are expressly kept open. 5.

Disposed of in the above terms. No costs.

[JITENDRA JAIN, J.] [G.S. KULKARNI, J.] Kiran Kawre