Ashokrao Jagnnath Aaglave And Others v. The State Of Maharashtra And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.2945 OF 2019 1.

Ashokrao Jagannath Aaglave, Age: 68 years, Occu: Agricultural, R/o. Sawalavihir (Bk), Tq. Rahata, Dist. Ahmednagar 2.

Dagubai Kisan Gaikwad, Age: Major, Occu: Agricultural, R/o. Sawalavihir (Bk), Tq. Rahata, Dist. Ahmednagar 3.

Rambhau Bapurao Mate, Age: Major, Occu: Agricultural, R/o. Nidhoda, Tq. Rahata, Dist. Ahmednagar ..PETITIONERS

VERSUS

1.

The State of Maharashtra, Through its Minister, Department of Revenue of Forest & Public Works Department, Maharashtra State, Mantralaya, Mumbai-32 2.

The District Collector, Collector Office, Ahmednagar 3.

The Sub Divisional Officer, Shirdi, Sub Divisional Office, Shirdi 4.

The Tahasildar, Tahsil Office, Rahata 5.

Godawari Sugar Mills Ltd., Laxmiwadi, at Post Sawalivihir (Bk), Tq. Rahata, Dist. Ahmednagar, Through its authorized officer

(2) (Now Sommayya Properties and Investment Pvt. Ltd.) ..RESPONDENTS Mr S. S. Kulkarni, Advocate for petitioners;

Ms R. P. Gour, A.G.P. for respondents/State CORAM : PRASANNA B. VARALE AND S.M.GAVHANE, JJ.

DATE : 1st MARCH, 2019 ORAL ORDER :

Heard learned Counsel for the petitioners.

2.

The petitioners are agriculturists and the grievance of the petitioners is non decision of representation submitted by them to the authorities.

3.

Learned Counsel for the petitioners submitted that the lands were acquired for housing scheme of the workers working in the sugar factory. A copy of the agreement is also placed on record. Learned Counsel then invited our attention to the documents placed on record to submit that the status of the earlier entrepreneur sugar factory is subjected to a change and it is now commercial entrepreneur engaged in the business of real estate under the

(3) name Somayya Properties and Investment Pvt. Ltd. He then submitted that there is also change effected in the 7/12 extract. A copy of the same is also placed on record at Exh.'C' in support of his submission. Learned Counsel then submitted that in view of attempts being made by the said Company to seek permission for conversion of the land from agricultural land to non-agricultural land and then put the land for sell thereby derives a profit and and in this behalf, rights of the petitioners would give certainly effect including legitimate right of fair compensation.

4.

Learned Counsel then invited our attention to the representation submitted to the Honourable Minister on 3rd October, 2018 and the representation to the District Collector, dated 25th October, 2018. He then submitted that for a considerable period the representations are pending before the authorities, as such, the respondents be directed to decide the representations submitted to these respective respondents.

(4) 5.

This being a limited grievance, without making any observations on the merits, the petition is disposed of with directions to respondent No.2 - District Collector, Ahmednagar to decide the representation dated 25th October, 2018, as expeditiously as possible and not later than eight weeks from the date of the order of this Court, needless to state on the merits of the representation and on assessment of record and material available with the authority.

The petition is disposed of accordingly.

( S.M.GAVHANE ) (PRASANNA B. VARALE) JUDGE JUDGE Tupe