Gansing Narsing Pawar And Others v. The State Of Maharashtra And Others

(1) W. P. No. 2808 of 2013

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AT AURANGABAD.

Writ Petition No. 2808 of 2013 District : Jalgaon

1. Gansing s/o. Narsingh Pawar, Age : 60 years, Occupation : Agriculturist.

2. Lubhansing s/o. Narsingh Pawar, Age : 68 years, Occupation : Agriculturist.

3. Hiratsingh s/o. Shivsing Pawar, Age : 40 years, Occupation : Agriculturist.

4. Bhagatsingh s/o. Narsing Pawar, Age : 65 years, Occupation : Agriculturist.

All R/o. Varkhede (Budruk), Taluka : Chalisgaon, District : Jalgaon.

.. Petitioners.

versus

1. The State of Maharashtra, Through its Principal Secretary, Revenue & Forest Department, Mantralaya Annex, Mumbai - 32.

2. The Commissioner, Nashik Division, Nashik.

3. The Collector, Jalgaon, District : Jalgaon.

4. The Sub-Divisional Officer, Pachora Division, Pachora, District : Jalgaon.

(2) W. P. No. 2808 of 2013

5. The Tahsildar, Chalisgaon, District : Jalgaon.

6. The Talathi, Varkhede (Bk.), Taluka : Chalisgaon, District : Jalgaon.

.. Respondents.

.........................

Ms. Suchita P. Sisodiya, Advocate, holding for Mr. P.R. Patil, Advocate, for the petitioners. Ms. S.S. Raut, Asst. Government Pleader, for respondent nos.1 to 6.

..........................

CORAM : S.V. GANGAPURWALA & A.M. BADAR, JJ.

DATE : 17TH FEBRUARY 2016 PER COURT :

1.

Heard the learned Counsel for the petitioners and the learned Asst. Government Pleader for the respondents. 2.

Grievance of the petitioner is that the petitioner has filed application on 29-8-2011 with the Talathi for mutating his name in the revenue record on the ground that the said property is an ancestral property.

3.

The learned Asst. Government Pleader states that, in case, the said application is pending, then the authority would decide it on its own merits.

(3) W. P. No. 2808 of 2013 4.

In the light of the above, we pass the following order :- In case, application dated 29-8-2011 (Exhibit "A", page 12) filed by the petitioner is pending with respondent no.6, then respondent no.6 shall decide the said application in accordance with law and procedure, on its own merits, after hearing all concerned, expeditiously and preferably within a period of eight months from today.

5.

With the above directions, the Writ Petition is disposed of. No costs.

( A.M. BADAR ) ( S.V. GANGAPURWALA ) JUDGE JUDGE ................................

puranik / WP2808.13