Shri. Khandu Mhatarba Gopale v. State Of Maharashtra And ORS

23 WP 3399-20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3399/2020 Khandu Mhatarba Gopale .. Petitioner vs.

State of Maharashtra & Ors.

.. Respondents .....

Mr. Sumit V. Khaire for the Petitioner.

Mrs. P. J. Gavhane, AGP for the State.

.....

CORAM: K.K.TATED, & RIYAZ I. CHAGLA, JJ.

DATED : FEBRUARY 17, 2021 P.C.

.

Heard.

2.

By this Petition, under Article 226 of the Constitution of India, the Petitioner is challenging the order dated 04/06/2019 passed by Respondent No.2 and certain directions against Respondent No.2 to decide the Petitioner's representation dated 18/05/2019 as early as possible.

3.

The learned counsel for the Petitioner submits that though the Petitioner claimed several reliefs in the present writ petition, he insisting only on prayer clause (d). The statement is accepted.

4.

The Petitioner is permitted to carry out amendment to that effect during the course of a day.

Laxmi 1/2

23 WP 3399-20.odt 5.

The learned counsel for the Petitioner submits that, the Petitioner is a project affected person of Chaskaman Dam Project. The Petitioner has fled application dated 17/05/2013 and 13/05/2019 for allotment of an alternate land Gat No. 1655/1 situated at Shikrapur, Tal-Shirur, DistPune. He submits that, the Authority allotted the said plot of land to the other Respondents. The Authority may be directed to decide the Petitioner's representation dated 13/05/2019 on its own merits as early as possible. To that effect, he has given in writing and the same is taken on record and marked 'X' for identifcation.

6.

It is not necessary to issue notice to the other Respondents as the Petitioner is seeking only direction against Respondent No. 2 to decide application dated 13/05/2019. Hence, the following order:

a.

The Respondent No.2-the District Re-settlement Offcer is directed to decide the Petitioner's representation dated 13/05/2019 as early as possible, but in any case, on or before 30/04/2021 on its own merits.

b.

The writ petition stands disposed of accordingly. c.

No order as to costs.

d.

All contentions of the parties are kept open. ( RIYAZ I. CHAGLA, J.) (K.K.TATED, J.) Laxmi 2/2