Vishwnath Shivram Bharskar Died Through Uttam Vishwnath Bharskar And Others v. The State Of Maharashtra Through The Secretary And Others

2024:BHC-AUG:12567-DB 924&947

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 924 WRIT PETITION NO. 6083 OF 2024 SALIM BABULAL SHAIKH AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS AND 947 WRIT PETITION NO. 6148 OF 2024 VISHWNATH SHIVRAM BHARSKAR DIED THROUGH UTTAM VISHWNATH BHARSKAR AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS ...

Bhagwat Shivnath Dattatray, Advocate for the Petitioner Mr. R. K. Ingole and Mr. N. S. Tekale, AGPs for Respondents State

CORAM

: RAVINDRA V. GHUGE & Y. G. KHOBRAGADE, JJ.

DATE : 25th June, 2024 ORDER:

1.

The Petitioners claim that the possession of their lands was taken in 1986 and the Petitioners did not get rental compensation. 2.

The learned AGP points out that the possession of the lands were in 1986, as contended by the Petitioners and the same were taken only after the award was delivered. Reliance is placed on State of Maharashtra Vs. Kailash Shiva Rangari, 2016 (4) ALL M.R. 513. 3.

The Petitioners representations received by the Office of the District Collector, Ahmednagar on 28.02.2024 and 05.04.2024,

924&947 respectively, claiming rental compensation, are pending. The contention put forth by the learned AGP are said to emerge from the record. The District Collector's Office can, therefore, pass an order on the said representations in order to apprise the Petitioners of the fact situation.

4.

In view of the above, these Writ Petitioners are disposed off. 5.

Let the District Collector deal with the representations dated 28.02.2024 and 05.04.2024, by considering the entire records. Since the Petitioners are relying on old record, we are granting 180 days time to the District Collector to refer to the record and pass an appropriate order. Let such order be served upon the Petitioners on the address mentioned in the representations. There shall not be any request for extension of time.

6.

In the event, the authorities notice that the Petitioners have any right in law, appropriate steps to redress their grievance would be initiated.

( Y. G. KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J. ) JPChavan