Sulbha Nagnath Usture v. The State Of Maharashtra And Others

(1) 943-wp-6182-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 943 WRIT PETITION NO.6182 OF 2021 SULBHA NAGNATH USTURE ..PETITIONER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS ...

Mr. R. K. Ashtekar, Advocate for the Petitioner. Mr. S. P. Tiwari, AGP for Respondents-State.

...

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

DATED : 20th APRIL, 2021.

PER COURT:- 1.

Mr. Ashtekar, learned counsel submits that the petitioner's husband was allotted House No.529/ A and deceased Gunabai was given House No.530/A. The husband of the petitioner Nagnath died. The notice is given to the deceased Gunabai by the Tahsildar asking to take over the possession of House No.529/A, which in fact is in possession of petitioner after death of her husband.

2.

It appears that, after the petitioner received notice, on 25.03.2021 the petitioner has filed reply.

3.

It would be appropriate for the Tahsildar to consider the said reply and take decision afresh with regard to the legality of the possession of the petitioner over House No.529/A and its allotment.

(2) 943-wp-6182-2021 4.

The said decision shall be taken by the Tahsildar preferably within a period of four (04) months.

5.

Till the decision is taken by the Tahsildar afresh, no further steps be taken against the petitioner in respect of House No.529/A at Killari, Tal. Ausa.

6.

The respondent-Authority may proceed further in tune with the decision that would be taken by the Tahsildar.

7.

Writ Petition is disposed of. No costs.

(SHRIKANT D. KULKARNI) (S. V. GANGAPURWALA) JUDGE JUDGE Devendra/April-2021