Dagadabai Mahipati Thakar (Since Deceased Through Lrs.) Mr. Prakash Mahipati Thakar v. The Collector, Pune And ORS.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 6959 OF 2018 ...
Narayan Genu More (since Decd.) Through Lrs.
And Ors.
....Petitioners V/S The Collector, Pune And Ors.
....Respondents WITH WRIT PETITION (ST) NO.29553 OF 2017 ...
Dagadabai Mahipati Thakar
...Petitioner
v/s.
The Collector, Pune & Ors.
...Respondents
WITH WRIT PETITION (ST) NO.29580 OF 2017 ...
Raghu Bhagu More
...Petitioner
v/s.
The Collector, Pune & Ors.
...Respondents
...
Sandeep S Salunkhe for the Petitioners.
Dr.Kirti Kulkarni,AGP for State.
...
CORAM : A.A. SAYED & K.K.SONAWANE, JJ.
DATED : 28 SEPTEMBER 2018 P.C.:
It is not in dispute that the Petitioners have been issued notices of hearing by the Respondent No.3-Deputy Collector (Resettlement). In an identical Petition being Writ Petition No.12622 of 2017 involving the same project, the Division Bench of this Court had disposed of the Petition by passing the following order on 18 December 2017: 1/3
2/3 " Having heard learned counsel for the petitioner and learned AGP for the State, we deem it appropriate to dispose off this petition by directing the respondent No.3-The Resettlement Officer, Pune, to decide the petitioner's proposal dated 1st September, 2016 for an alternative land as expeditiously as possible and in any case, within a period of 8 weeks from the date of receipt of this order. Ordered accordingly.
2. It is made clear that we have not gone into the merits of the matter and all rights and contentions of the respective parties are kept expressly open to be agitated before an appropriate authority. The respondent No.3 shall decide the petitioner's said proposal independently on its own merits.
3.
The writ petition stands disposed off."
2.
The learned AGP, however, states that the period for taking the decision may be modified to 16 weeks.
3.
In the circumstances, we pass the following order: (I) The Respondent No.3-Deputy Collector (Resettlement), Pune, shall decide the Petitioners' proposals for an alternative land as 2/3
3/3 expeditiously as possible and in any case, within a period of 16 weeks from the date of receipt of this order. (ii) It is made clear that we have not gone into the merits of the matter and all rights and contentions of the respective parties are kept open to be agitated before an appropriate authority. The Respondent No.3-Deputy Collector (Resettlement) shall decide the Petitioners' said proposals independently on its own merits. 4.
The Writ Petitions to stand disposed of accordingly. (K.K.SONAWANE,J.) (A.A.SAYED, J.) Digitally signed by Uday Prabhakar Kambli Date:
2018.10.04 14:02:24 +0530 Uday Prabhakar Kambli 3/3