Vaman Pandurang Dhuri And ORS v. The State Of Maharashtra And ANR

Dixit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.95 OF 2015 Vaman Pandurang Dhuri & Ors.

.... Petitioners V/s.

The State of Maharashtra, Through the Secretary, Department of Revenue and Forest & Anr.

.... Respondents Mr. S.G. Deshmukh, i/by Mr. Rakesh Sharad Patil, for the Petitioners.

Mr. V.S. Gokhale, A.G.P., for the Respondents. CORAM : ABHAY S. OKA & DR. SHALINI PHANSALKAR-JOSHI, J.J.

DATE : 6 TH APRIL, 2015.

P.C. :

1.

Heard learned Counsel appearing for the Petitioners and learned A.G.P for the Respondents.

2.

The Petitioners are claiming relief on the basis of the Government Resolution dated 29th September, 1987 of distribution and allotment of lands to all actual occupants and cultivators of the lands in Mangaon Khore. This Petition has been filed on behalf of the Petitioners as well as the persons named in Schedule-I to the Petition. 3.

Our attention is invited to the Judgment and Order dated 25th July, 2014 passed by this Court in Civil Writ Petition No.6419 of 2011 [Kalidas 1/3

Seetaram @ Bala Sawant & Ors. Vs. The State of Maharashtra & Ors.]. This Petition was filed by the Petitioners claiming similar relief. The cases of the Petitioners therein and other persons on whose behalf relief was sought in the said Writ Petition were ordered to be examined by an Officer nominated by the District Collector not below the rank of a Sub-Divisional Officer.

4.

The cases of the Petitioners and the persons, whose names appear in Schedule-I, will have to be considered in accordance with the Judgment and Order dated 25th July, 2014 passed by this Court in Civil Writ Petition No.6419 of 2011.

5.

Hence, we dispose of the Petition by passing following order :- (i) The Officer nominated by the District Collector, Sindhudurg, under the order dated 25th July, 2014 passed by this Court in Civil Writ Petition No.6419 of 2011, shall also examine the cases of the present Petitioners and the persons, whose names appear in Schedule-I to the Petition, in terms of the said Judgment and Order dated 25th July, 2014. (ii) Exercise in terms of the said Judgment and Order shall be completed by the Officer so nominated by the District Collector as expeditiously as possible and preferably on or before 30th September, 2015. (iii) The authorized representative or representatives of the Petitioners and the persons listed in Schedule-I 2/3

shall appear before the District Collector, Sindhudurg on Monday, the 20th April, 2015 at 11 a.m. to enable the Collector to take further steps in the matter.

(iv).

Subject to the above directions, the Petition is disposed of in terms of the Judgment and Order dated 25th July, 2014 passed by this Court in Civil Writ Petition No.6419 of 2011.

(v) All concerned to act upon the authenticated copy of this order.

[DR. SHALINI PHANSALKAR-JOSHI, J.] [ABHAY S. OKA, J.] 3/3