Aminabi Shaikh Mohammad Pinjari v. The State Of Maharashtra Through The Secretary And Others

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 982 WRIT PETITION NO. 791 OF 2023 Aminabi Shaikh Mohammad Pinjari

VERSUS

The State Of Maharashtra Through The Secretary And Others ...

Mr. Anand P. Bhandari, Advocate for the Petitioner. Mr. S. J. Salgare, AGP for Respondent-State.

Mr. M. V. Navandar, Advocate for Respondent No.4 and 5. CORAM : KISHORE C. SANT & ABASAHEB D. SHINDE, JJ.

DATE : 9th DECEMBER 2025.

PC :- 1.

Heard the learned Advocates for the respective parties. 2.

This writ petition is filed with the following prayers, which reads as under:

"(A) Writ Petition may kindly be allowed:

(B) By appropriate Writ, order or direction, the respondents may kindly be directed to take appropriate steps for correcting the Draftsman error in Development Plan for Jalgaon Shivar was sanctioned by the Government on 06.01.1993 vide Notification No.TPS/3588/194/CR-97-UD, regarding the property bearing CTS No.7487, of Jalgoan City Taluka & Dist.

( 2 ) Jalgaon totally admeasuring 2020.7 square meters, to the extent of portion of 297.27 square meters owned by the petitioner.

(C) By appropriate writ, order or direction, the respondent No.1 may kindly be directed to consider and decide the representations dated 28.01.2021 (Exhibit E) and 14.10.2022 (Exhibit F) submitted by the petitioner. (D) Any other relief deemed fit may please be granted in favour of the petitioner."

3.

During the course of hearing, it has come on record by way of affidavit-in-reply filed by Respondent No.4 and 5 that Respondent No.5 has already given a hearing to the petitioner as regards his grievance of showing his land, CTS No.7487 in pink colour. However, it is not clear as to what decision is taken thereafter or whether any decision is taken. This Court, in normal course, would have directed the Respondent No.5 to take a decision since the hearing has already taken place. However, it is seen that the hearing has taken place on 23rd October 2020 i.e. 5 years back.

4.

This Court in this view find that it would be appropriate to direct the petitioner to again appear before Respondent No.5. The respondent No.5 shall give him a hearing afresh and to take a decision thereafter. If

( 3 ) the decision is taken and steps are necessary, the same shall be taken in accordance with law.

5.

Petitioner to appear before the Respondent No.5 on 15th December 2025.

6.

The decision be taken within a period of four weeks thereafter. 7.

With this direction, writ petition stands disposed off. [ABASAHEB D. SHINDE, J.] [KISHORE C. SANT, J.] D.A.Ethape