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Bombay High CourtWP/2474/2024disposed off

Sunil Rama Patil And Another v. The State Of Maharashtra Through Its Principal Secretary And Others

2024-03-05Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice R. M. Joshi2 pages

2024:BHC-AUG:5408-DB - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 921 WRIT PETITION NO. 2474 OF 2024 SUNIL RAMA PATIL AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS Mr.A.B.Kale, Advocate for the Petitioners.

Mr.P.K.Lakhotiya, AGP for the Respondent/State. ( CORAM : RAVINDRA V. GHUGE AND R.M. JOSHI, JJ.) DATE : MARCH 5, 2024 PER COURT :

1.

The learned Advocate for the Petitioners points out a detailed representation dated ....02.2023 (date is not mentioned) which was tendered in the Inward Department of the District Collector's Office on 03.02.2023 and in the Office of the Public Works Department, Jalgaon on 07.02.2023. He submits that an order passed by the Civil Court is also quoted in the said representation and the Petitioner expects the District Collector to consider the same and pass a reasoned order. He further clarifies that, for the return of the land, the Authorities have already received the fees from the Petitioner. He khs/Mar.2024/2474

- 2 - submits that when the land was acquired, the Petitioners have lost around 2 Hectres and odd land. Compensation was paid. When the Authorities realized that area admeasuring 1 Hectre and Odd was not required, they sought refund of a part of the compensation as a condition for returning the land. After the said compensation amount was returned on 27.08.1990, the concerned authorities are totally inactive and silent.

2.

In view of the above, this Petition is disposed off. Let the District Collector deal with the said representation of the Petitioners, if there is no legal impediment. While considering the representation, the statutory provisions, policies of the government etc. shall be considered and a reasoned order be passed. The order should be communicated to the Petitioners. Let this exercise be concluded preferably within 150 days.

( R.M.JOSHI, J. ) ( RAVINDRA V. GHUGE, J.) khs/Mar.2024/2474