Vithal Laxman Jadhav And Another v. The State Of Maharashtra And Others

(1) 20-26-44

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 20 WRIT PETITION NO.8499 OF 2019 MAROTI GANPATI CHAVAN AND OTHERS ..PETITIONERS

VERSUS

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

Mr. Pathan Tahirwarkhan Wajeedkhan, Advocate for the Petitioners.

Mr. A. R. Kale, AGP for Respondents-State.

WITH 26 WRIT PETITION NO.8515 OF 2019 MANSOOR IMAMSAB PATHAN ..PETITIONER

VERSUS

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

Mr. Pathan Tahirwarkhan Wajeedkhan, Advocate for the Petitioners.

Mr. K. N. Lokhande, AGP for Respondents-State. ...

WITH 44 WRIT PETITION NO.8559 OF 2019 VITHAL LAXMAN JADHAV AND ANOTHER ..PETITIONERS

VERSUS

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

Mr. Pathan Tahirwarkhan Wajeedkhan, Advocate for the Petitioners.

Mr. K. B. Jadhavar, AGP for Respondents-State. ...

(2) 20-26-44 CORAM : S. V. GANGAPURWALA & MANGESH S. PATIL, JJ.

DATED : 16th JULY, 2019.

PER COURT:- 1.

The learned counsel for petitioners submits that petitioners are cultivating forest land for more than 30 to 35 years. The petitioners have approached respondent no.2 as per Section 11(1)(c) of the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 and Rules 2008, however, no decision has been taken as yet.

2.

The learned A.G.P. accepts notice for all respondents.

3.

In case, petitioners have approached respondent no.2 claiming rights as per Rules 6 and 11 of Rules, 2008, then respondent no.2 after following procedure as laid down under the said Act and Rules decide the same on its own merits, in accordance with law, expeditiously and preferably within a period of nine (09) months.

4.

In case, petitioners are threatened with dispossession, petitioners may take appropriate steps in that regard.

5.

Writ Petitions are disposed of. No costs.

(MANGESH S. PATIL) (S. V. GANGAPURWALA) JUDGE JUDGE Devendra/July-19