Mahendra Shantilal Dhodad And Another v. The State Of Maharashtra Through The Secretary And Others
2024:BHC-AUG:6566-DB *1*
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 904 WRIT PETITION NO. 9255 OF 2023 MAHADEV EKNATH NALAWADE AND ANOTHER
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS ...
AND WRIT PETITION NO. 9341 OF 2023 MAHENDRA SHANTILAL DHODAD AND ANOTHER
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS ...
AND WRIT PETITION NO. 9327 OF 2023 ANJANA ISHWAR NALAWADE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS ...
Shri D.R. Adhav i/by Shri Rajendra K. Temkar, Advocates for the Petitioners.
Shri P.K. Lakhotiya, AGP for Respondent Nos.1 to 3/State. Ms.Sunita D. Shelke, Advocate for Respondent Nos.4 and 5. ...
CORAM : RAVINDRA V. GHUGE & R.M. JOSHI, JJ.
DATE :- 21st March, 2024
*2* Per Court :- 1.
The Petitioners in these Writ Petitions are identically placed. Prayer clause C in these petitions reads thus:- (Writ Petition No.9255/2023) "C) The respondents may please directed to forthwith decide & consider the representations dated 17.08.2021 & 25.04.2023 made by the petitioners and pay them the amount of rental compensation in respect of the lands bearing Gat No.178/5 admeasuring 88 R., Gat No.179 admeasuring 1 H. 33 R. & Gat No.181 admeasuring 30 R. situated at Netkewadi, Tq.
Karjat, Dist. Ahmednagar in view of the Government Resolutions dated 01.12.1972 & subsequent Government Resolution dated 02.04.1979, by issuing writ of mandamus or any other appropriate writ, order or directions in the nature of writ of mandamus."
(Writ Petition No.9327/2023) "C) The respondents may please be directed to forthwith decide & consider the representation dated 25.04.2023 made by the petitioners and pay them the amount of rental compensation in respect of the lands the lands bearing Gat No.165/1 admeasuring 65 R., Gat No. 165/2 admeasuring 66 R., Gat No.166/1 admeasuring 42 R., Gat No. 166/2 admeasuring 47 R., Gat No.166/9 admeasuring 18 R., Gat No.166/10 admeasuring 18 R., Gat No.170 admeasuring 49 R., Gat No.172 admeasuring 25 R., Gat No.173 admeasuring 25 R., Gat No.175 admeasuring 1 H. 45 R. & 4 R., and Gat No.178/4 admeasuring 20 R., situated at Netkewadi, Tq. Karjat, Dist. Ahmednagar, in view of the Government Resolutions dated 01.12.1972 & subsequent Government Resolution dated 02.04.1979, by issuing writ of
*3* mandamus or any other appropriate writ, order or directions in the nature of writ of mandamus."
(Writ Petition No.9341/2023) "C) The respondents may please be directed to forthwith decide & consider the representations dated 20.10.2022 & 25.04.2023 made by the petitioners and pay them the amount of rental compensation in respect of the lands bearing Gat No.35/1 admeasuring 21 R., Gat No.47/1 admeasuring 20 R. and Gat No.48/2 admeasuring 45 R. situated at Kumbhephal, Tq. Karjat, Dist. Ahmednagar, in view of the Government Resolutions dated 01.12.1972 & subsequent Government Resolution dated 02.04.1979, by issuing writ of mandamus or any other appropriate writ, order or directions in the nature of writ of mandamus."
2.
We have considered the strenuous submissions of the learned Advocate for the Petitioners and the learned Advocate Mrs.Shelke on behalf of Respondent Nos.4 and 5. 3.
These Writ Petitions are disposed off.
4.
Let Respondent Nos.4 and 5 forward the representations of the Petitioners to the District Collector, Ahmednagar along with their inputs in details, as regards the cause raised by these Petitioners. This exercise be completed
*4* within 30 days from today. Thereafter, the District Collector would consider the entire issue and by following the due procedure laid down in law, arrive at a conclusion within 60 days and communicate the said decision to the Petitioners within 15 days, thereafter.
kps ( R.M. JOSHI, J. ) ( RAVINDRA V. GHUGE, J. )