Bhiva Jiva Bujad v. The State Of Maharashtra Thru Secretary, Revenue And Forest Dept. And ORS

DSS 1/2 13-cwp-12576-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12576 OF 2018 Bhiva J. Bujad and anr.

...

Petitioners.

V/s.

The State of Maharashtra and ors.

...

Respondents.

Mr. S.M. Sabrad for the Petitioners.

Mrs. P.N. Diwan, AGP for Respondent Nos.1 to 5 - State. CORAM :

R. M. BORDE AND PUSHPA V. GANEDIWALA, JJ.

DATE :

26th FEBRUARY 2019.

P.C.:

1] The application tendered by the petitioners on 23rd February 2015 seeking permission for alienation of land under Section 36A of the Maharashtra Land Revenue Code, 1966 is pending consideration with the State Government and no decision has yet been taken. The application tendered by the petitioners before the Collector shall have to be forwarded to the Higher Authorities, i.e., Divisional Commissioner and the said Authority shall have to forward the same to the State Government alongwith its recommendation/report.

DSS 2/2 13-cwp-12576-18.doc 2] It is informed that the petitioners have made necessary compliance on 20th February 2019, as directed by the Collector. In the circumstances, we dispose of the petition with following directions:

(i) The District Collector shall ensure that the petitioners' application is forwarded to the Divisional Commissioner alongwith his report/recommendation as expeditiously as possible and preferably within two weeks from today. The Divisional Commissioner shall examine the report/recommendation made by the District Collector and shall forward the application alongwith his recommendation/report to the State Government as expeditiously as possible and preferably within two months from the date of receipt of report/recommendation of the Collector. The State Government shall thereafter take appropriate decision on the proposal/application as expeditiously as possible and preferably within two months from the date of receipt of proposal/application alongwith report/recommendation from the Divisional Commissioner. (ii) With directions as recorded above, Writ Petition is disposed of.

(PUSHPA V. GANEDIWALA, J.) (R. M. BORDE, J.)