Hindustan Petroleum Corporation Ltd And Another v. Manisha Atul Borse

1 ra 49.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD REVIEW APPLICATION NO. 49 OF 2019 IN WRIT PETITION NO. 7727 OF 2018 HINDUSTAN PETROLEUM CORPORATION LTD AND ANOTHER

VERSUS

MANISHA ATUL BORSE ...

Advocate for Applicants :

Smt. Dube Anjali (Bajpai) Advocate for Non applicant :

Mr. P. R. Katneshwarkar h/f. Mr. Ganesh Gadhe ...

CORAM: S. V. GANGAPURWALA & MANGESH S. PATIL, J.

DATE:

th JULY, 2019 PER COURT:

1.

Smt. Dube, learned counsel for the Review Applicants submits that the location advertised in the advertisement was Gondegaon Grampancahyat, Gondegaon, Taluka - Kannad. The non applicant's property was situated at Gondegaon Grampanchayat, Gondegaon, Taluka - Soygaon which was not the advertised location. However, this Court considered that the land of the non applicant is

2 ra 49.19 within the limits of Grampanchayat Gondegaon, however did not consider the same is in Taluka Soyagaon and not at the advertised Taluka. This aspect was not considered. The learned counsel submits that pursuant to the advertisement dated 20.01.2019, the applicants have received several applications for the location Gondegaon Grampanchayat, Gondegaon, Taluka - Soygaon.

2.

We have heard Mr. Katneshwarkar, learned counsel for the non applicant.

3.

We had under our order dated 22.03.2019 in the present Review Application directed the Tahsildar Soygaon and Tahsildar Kannad to place on record the existence of village Gondegaon in respective Tahsils. Pursuant thereto, the report is filed on record. It is submitted that there is not a single voter in the village Gondegaon, Taluka - Kannad. In a way, practically, village does not exist or even if it is geographically existing no person resides in the said

3 ra 49.19 village Gondegaon, Taluka - Kannad and for all purposes it is only village Gondegaon Grampanchayat, Gondegaon, Taluka - Soygaon. We have considered the said aspect.

4.

We had also considered that the present non applicant was selected in the draw by the present applicants. We had also directed the applicants to process the application further in accordance with law and if the present non applicant fulfills all other criteria then the applicants were directed not to proceed further with the advertisement issued on 20.01.2019.

5.

Considering the above, we have not find any case for Review. Review application is disposed of. No costs.

[MANGESH S. PATIL, J.] [S. V. GANGAPURWALA, J.] marathe