Asaram Salulba Khandebharad And Others v. The State Of Maharashtra And Others

911-wp-4347-21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4347 OF 2021 Asaram S/o Salulba Khandebharad and others ... Petitioners.

Versus

The State of Maharashtra and others ... Respondents.

....

Mr. Nilkanth P. Bangar, Advocate for the Petitioners. Ms. V.S. Chaudhari, A.G.P. for Respondent Nos.1 to 3. ....

CORAM : S.V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE : 11th MARCH, 2021 PER COURT:- 1.

The contention of the learned counsel for the petitioners is that the proceeding initiated for variation in the consolidation scheme implemented in the year 1971.

2.

The learned counsel for the petitioners relies on the Circular dated 17.03.2004 issued by the Consolidation Commissioner and Director (Land Records).

3.

The petitioner has been issued notice by the authority pursuant to application filed by respondent No.4. The petitioner has the

911-wp-4347-21 opportunity to file his say and raise all possible defences available including that of Circular dated 17.03.2004.

4.

The authority would consider the application filed by respondent No.4 and all the defences taken by the present petitioners including tenability of the proceeding, on its own merits, in accordance with law.

5.

In view of the above, we have not inclined to entertain the petition on the merits of the matter. All contentions of the parties are kept open.

9.

Writ Petition is accordingly disposed of. No costs. ( SHRIKANT D. KULKARNI ) ( S.V. GANGAPURWALA ) JUDGE JUDGE S.P. Rane