Manoj Madhukar Dhangar And Another v. The State Of Maharashtra Through Its Secretary And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 74 WRIT PETITION NO.8032 OF 2023 WITH WP/8067/2023 WITH WP/8074/2023 WITH WP/8069/2023 WITH WP/8071/2023 WITH WP/8068/2023 WITH WP/8072/2023 WITH WP/8076/2023 WITH WP/8079/2023 WITH WP/8075/2023 WITH WP/8080/2023 WITH WP/8077/2023 WITH WP/8083/2023 WITH WP/8082/2023 WITH WP/8073/2023 WITH WP/8081/2023 WITH WP/8078/2023 WITH WP/8070/2023 WITH WP/8038/2023 WITH WP/8050/2023 WITH WP/8052/2023 WITH WP/8033/2023 WITH WP/8055/2023 WITH WP/8058/2023 WITH WP/8054/2023 WITH WP/8060/2023 WITH WP/8035/2023 WITH WP/8036/2023 WITH WP/8059/2023 WITH WP/8057/2023 WITH WP/8048/2023 WITH WP/8062/2023 WITH WP/8040/2023 WITH WP/8044/2023 WITH WP/8043/2023 WITH WP/8034/2023 WITH WP/8061/2023 WITH WP/8056/2023 WITH WP/8039/2023 WITH WP/8045/2023 WITH WP/8046/2023 WITH WP/8047/2023 WITH WP/8049/2023 WITH WP/8053/2023 WITH WP/8041/2023 WITH WP/8042/2023 WITH WP/8051/2023 WITH WP/8037/2023 ATMARAM BABULAL LOHAR

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS Mr.M.V.Salunke, Advocate for the Petitioners. Mr.P.K.Lakhotiya, AGP for the Respondent/State. ( CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.) DATE : JULY 11, 2023 PER COURT :

1.

In all these petitions, the Petitioners have put forth prayer

- 2 - clauses B, C, D and E as under :- "B. By issuing writ of certiorari or any other appropriate writ, the impugned notice dated 20.01.2021 issued by the Respondent No.3, Tahsildar, Jalgaon, may kindly be quashed and set aside. C. By issuing writ of mandamus or any other appropriate writ, the Resondent No.3, may kindly be directed to re-assess the plot by accepting the amount as per new G.R. dated 18.10.2021. D. Pending hearing and final disposal of this petition, the impugned notice dated 20.01.2021 issued by Respondent No.3, Tahsildar, Jalgaon, may kindly be stayed, E. Pending hearing and final disposal of this petition, the Respondent No.3, may kindly be directed to re-assess as per the new GR dated 18.10.2021 and regularize the plot of the petitioners." 2.

We have considered the submissions of the learned Advocates for the respective sides.

3.

There is no dispute that a GR dated 09.07.2000 was earlier introduced, for conversion of the Class 2 category of the plot received through Gunthewari by payment of 50% market value as Nazrana and 50% of the Nazrana value as a penalty, to Class 1. With compliance of these conditions, the Gunthewari can be regularized. However, by a GR dated 18.10.2021, the Government has granted concession in the

- 3 - regularization of the class of plots and has reduced the Nazrana and the penalty value to 10%. The Petitioners pray that this GR may be made applicable to them.

4.

The learned AGP submits that the case of the Petitioners is covered by the GR dated 09.07.2000. When the impugned notice dated 20.01.2021 was issued, the earlier GR dated 09.07.2000 was applicable. He further submits that these petitioners will have to avail of the remedy u/s 247 of the MLR Code and while doing so, their contentions will have to be considered by the Competent Authority. 4.

The learned Advocate for the Petitioners submits that these Petitioners would resort to the statutory remedy available and would put forth a request that the Authorities would make the GR dated 18.10.2021 applicable to the cases of the Petitioners, since the cases are still pending and the adjudicatory process is underway. Such pending cases can be considered under the new GR.

5.

In view of the above, these petitions are disposed off with liberty to the Petitioners to avail of such remedy. If the Petitioners put

- 4 - forth a ground / request for making the GR dated 18.10.2021 applicable to their case, the concerned authority would consider the said request in accordance with the Law applicable and the policy of the Government.

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