Ramkisan Kocharu Wagh And Another v. The State Of Maharashtra And Others

( 1 ) 33 wp 6317.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 33 WRIT PETITION NO.6317 OF 2022 RAMKISAN KOCHARU WAGH AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Mr. Sapkal Sandip R. AGP for Respondents/State : Mr. K.B. Jadhavar ...

CORAM : M.G. SEWLIKAR, J.

DATE : 22nd August, 2022 P.C.:- Heard.

2.

The petitioners have applied for modification of the consolidation scheme under Section 31-A of the Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947. Their request was refused by the impugned order passed by the District Superintendent of Land Records (DSLR), Aurangabad on the sole ground that petitioners being purchasers of the land subsequent to the finalisation of the scheme have no locus standi. 3.

Learned counsel for the petitioners submit that in the order, the learned DSLR has observed that there are some errors in the scheme. So instead of correcting the errors, the application of the petitioners has been

( 2 ) 33 wp 6317.22 rejected on the ground that they had no locus standi. Now the DSLR has filed an affidavit in which it is stated that the DSLR has initiated proceedings for correction of the scheme. Learned counsel for the petitioners submit that DSLR shall not reject the application of the petitioners on the ground of locus standi. In view of this the following order is passed:

ORDER

I) The impugned order is set aside.

II) It is clarified that learned DSLR shall not reject the application of the petitioners on the ground that they have no locus standi.

III) Writ Petition is disposed of.

IV) All the parties shall appear before the DSLR. The DSLR shall dispose of the proceedings within a period of four months.

[M.G. SEWLIKAR, J.] mub