Jaganath Kashiram Kathe And ORS v. The Union Of India And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.577 OF 2022 Jagannath K. Kathe & Ors.

...Petitioners

V/s.

Union of India & Ors.

...Respondents

Mr.Pramod N. Joshi for the Petitioners.

Mr.Siddhesh B. Kalel, AGP for the State - Respondent Nos.2 and 3. CORAM : R.D. DHANUKA & S.M. MODAK, JJ.

DATE : 19TH JANUARY, 2022.

(THROUGH VIDEO CONFERENCE) P.C. :- 1.

Rule. Learned AGP waives service for the respondent nos.2 and 3. By consent of parties, the petition is heard finally. 2.

By this petition filed under Article 226 of the Constitution of India, the petitioners seek an order and direction against the respondent nos.1 to 4 to decide the representation dated 28th July, 2021 annexed at page 54 of the writ petition. 3.

Mr.Joshi, learned counsel for the petitioners states that though the said representation is addressed to the Union of India, State of Maharashtra, the Collector and the Sub-Divisional Officer, Nashik, the representation may be considered at this stage by the 1/3

Collector, Nashik. Statement is accepted.

4.

The Collector, Nashik is accordingly directed to consider and dispose of the said representation dated 28th July, 2021 in accordance with law within four weeks from the date of communication of this order, without fail and shall communicate the order that would be passed by him within one week from the date of passing the order to the petitioners. The learned Collector, Nashik shall pass an order after granting a personal hearing to the petitioners. The petitioners are directed to remain present before the learned Collector, Nashik on 25th January, 2022 at 11.00 a.m. Learned AGP has agreed to convey this order to the learned Collector, Nashik for information and compliance. If the date assigned by this Court is not convenient to the learned Collector, Nashik, an earlier date shall be communicated to the petitioners 48 hours in advance.

5.

If the order that would be passed is adverse against the petitioners, the petitioners would be at liberty to file appropriate proceedings. It is made clear that this Court has not expressed any views on the merits of the representation made by the petitioners. All contentions of both the parties are kept open. 6.

The writ petition is disposed of in aforesaid terms. 2/3

7.

Rule is made absolute accordingly. Parties to act on the authenticated copy of this order.

(S.M. MODAK, J.) (R.D. DHANUKA, J.) VASANT ANANDRAO IDHOL Date: 2022.01.20 16:21:15 +0530 VASANT ANANDRAO IDHOL 3/3