Shri. Krishna Raghu Tamkar Decd Thru Lr v. Collector And Deputy Director For Rehabilitation , Collector Office Kolhlapur And ORS
19 wp 2944.2020.doc Dusane
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2944 OF 2020 Shri. Krishna Raghu Tamkar
...Petitioner
since deceased through is legal heir Vishnu Krishna Tamkar
Versus
The Collector & Land Acquisition
...Respondents
Officer No.1, Kolhapur & Ors.
BHALCHANDRA GOPAL DUSANE BHALCHANDRA GOPAL DUSANE Date: 2022.06.16 12:17:46 +0530 Mr. Pradeep D. Dalvi for Petitioner.
Mrs. S.D. Vyas, 'B' Panel Advocate for Respondent nos. 1 to 3. CORAM : R.D. DHANUKA & MADHAV J. JAMDAR, JJ.
DATED : 14TH JUNE 2022 P.C. :
1.
Rule.
2.
Learned AGP waives service of notice for Respondent nos. 2 and 3, returnable forthwith.
3.
By this petition filed under Article 226 of the Constitution of India, the Petitioner seeks directions against Respondent nos. 1 and 2 to consider the application for allotment of alternate suitable land as demanded by the 1/2
19 wp 2944.2020.doc Petitioner by his Demand Application vide Exhibit 'D' expeditiously, in accordance with law.
4.
It is not in dispute that application annexed at Exhibit 'D' is still pending. We accordingly direct Respondent nos. 1 and 2 to decide the said application within a period of eight weeks from today. 5.
The order that will be passed by Respondent nos. 1 and 2 shall be communicated to the Petitioner within one week from the date of order. If the application for allotment of alternate land is allowed, the land shall be allotted to the Petitioner within four weeks from the date of allowing the application made by the Petitioner for allotment of alternate suitable land and if the same is rejected, the Petitioner would be entitled to file appropriate proceedings.
6.
It is made clear that we have not gone into the merits of the matter. 7.
All questions on merits are kept open.
8.
All parties to act on authenticated copy of this order. (MADHAV J. JAMDAR, J.) (R.D. DHANUKA, J.) 2/2