Jamnabai M Dhumade (Deceased) Through Heir Ashok Mangal Dhumade v. The State Of Maharashtra And 5 ORS.

70.wpl 709.16.doc Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 709 OF 2016 Jamnabai M.Dhumade (deceased) through heir Shri Ashok Mangal Dhumade .. Petitioner Vs.

The State of Maharashtra and others .. Respondents Mr.S.A.Sawant a/w Mr.S.M.Suryawanshi, for the Petitioner. Mr.U.S.Upadhyay, AGP for Respondents No.1 and 2. CORAM : SHANTANU.S.KEMKAR & M.S.KARNIK, JJ.

DATE : 06th JUNE, 2016 P.C. :

1.

Heard.

2.

Rule. Rule made returnable forthwith, by consent. The learned AGP waives service for respondents No. 1 and 2.

3.

The only prayer made by Mr.Sawant, the learned Counsel for the petitioner, is that petitioner's Restoration Application at Exhibit 'J' dated 23/12/2015, which is 1/2

70.wpl 709.16.doc preferred under Section 10A of the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974, be decided by the Collector. It seems that the petitioner has approached this Court post-haste without there being any cause for apprehension that the Collector will not decide the said application. However, the learned AGP appearing for the Collector states that the Collector is going to decide the matter in due course within a period of six months from today. This statement is accepted.

4.

The Collector shall decide the matter after hearing all concerned and shall consider all prayers including prayers for interim reliefs. The Collector shall also consider the application for joinder of parties of those who claim to have been left out such as the owners. 5.

The Petition is disposed of in above terms.

6.

Rule is discharged.

(M.S.KARNIK, J.) (SHANTANU.S.KEMKAR, J.) 2/2