Sama Irma Vasave And Others v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2744 OF 2017 Sama Irama Vasave and others .. Petitioners

Versus

The State of Maharashtra and others .. Respondents Shri Amit S. Savale, Advocate for Petitioners. Shri P. G. Borade, A.G.P. for Respondent Nos. 1, 4 to 9. Shri G. V. Wani, Advocate for Respondent Nos. 2 and 3. CORAM : S. V. GANGAPURWALA AND A. M. DHAVALE, JJ.

DATE : 13TH APRIL, 2018.

FINAL ORDER :

.

Issue notice to respondent Nos. 8 and 9. The learned A. G. P. waives notice for respondent Nos. 8 and 9. 2.

The learned counsel for petitioners states that, the petitioners are occupying various lands. The Gram Sabha has passed resolution in their favour. The proposal has been forwarded through the Tahsildar to the District Level Committee, however, decision has not been taken on it as yet. 3.

Mr. Wani, the learned counsel for respondent Nos. 2 and 3 submits that, the Gram Panchayat has raised an objection.

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Be that as it may, the decision on its own merits considering all the objections will have to be taken by the Sub Divisional level committee. The Sub Divisional level committee, if the proposal is pending with it, shall take decision upon the claim of petitioners on its own merits, in accordance with law, statute and policy, expeditiously and preferably within a period of six (06) months from today.

5.

It is made clear that, we have not given dictum on the merits of the matter and the competent authority shall take the decision considering all the relevant aspects of the matter. The writ petition is disposed of. No costs.

[A. M. DHAVALE, J.] [S. V. GANGAPURWALA, J.] bsb/April 18