Ramdas Maruti Dalvi v. The State Of Maharashtra And Another

2025:BHC-AUG:3243-DB 1 926.WP-3632-2020.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 926 WRIT PETITION NO. 3632 OF 2020 RAMDAS MARUTI DALVI

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER .....

Advocate for the Petitioner : Mr. Adhav D.R.

AGP for Respondent/State : Mr. A.S.Shiinde ...

CORAM : S. G. MEHARE AND SHAILESH P. BRAHME, JJ.

DATE : 31st JANUARY 2025 PER COURT :

1.

Heard the respective counsels.

2.

This is apparently a misconceived and ill-motive writ petition filed in this matter seeking direction against the Collector (Rehabilitation) for allotting the land to him against the acquisition of land.

3.

Learned AGP has correctly pointed out that the decision has been taken on 18.12.2017 on the application filed by the petitioner and opportunity was granted to him to make a fresh application. 4.

Learned counsel for the petitioner states that the order dated 18.12.2017 never communicated and for the first time it is placed on record by learned AGP in 2020. The parties are presumed to have gone through the papers and at least in 2020 petitioner should have

2 926.WP-3632-2020.doc learnt that the said order has been passed and he was supposed to act upon that, but he did nothing.

5.

The right to file a fresh application has not been taken away by the impugned order. We find no reason to issue any direction to the Collector to reconsider because he has taken a decision long back in 2017. Hence the writ petition is dismissed.

6.

It has been clarified that by dismissing the writ petition, the right of the petitioner to file a fresh application are not taken away. [ SHAILESH P. BRAHME, J.] [ S. G. MEHARE, J.] vsj..