Satish Digambar Mahale And Others v. The State Of Maharashtra Through The Collector And Others

*1* 20wp10971o23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.10971 OF 2023 SATISH DIGAMBAR MAHALE AND OTHERS

VERSUS

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

Advocate for the Petitioners : Shri Kale Ajeet B. AGP for Respondents 1, 4 and 5/State : Shri V.M. Kagne Advocate for Respondent 3 : Shri B.M. Dhanure ...

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

DATE :- 11th September, 2023 Per Court :- 1.

The Petitioners are willing to pay the requisite fees for measuring their lands, which originally admeasure 2 H 14 R in Gat No.124 at village Akkalpada, Taluka Sakri, District Dhule. In addition, 0.01 R land was Potkharaba. National Highway No.6 has been constructed thereby, leaving a small strip of the land of the Petitioners. They earlier had acquired permission for industrial use from the competent authorities. Presently, they are facing an issue with regard to non use of the said land and at the same time, they have now only a small strip of land available. They are willing to deposit requisite charges for measurement of

*2* 20wp10971o23 the land so as to assess as to how much portion is available to them.

2.

The learned Standing Counsel for Respondent No.3/ UoI submits that if the Petitioners deposit the money for measurement of the land with Respondent No.3, the said amount would be deposited with the office of the Deputy Superintendent of Land Records without any delay and the land would be measured.

3.

Let the above exercise be completed within 60 days from the date of the deposit of the measurement charges by the Petitioners.

4.

Needless to state, if the Petitioners' grievance is not redressed, they would be at liberty to avail of statutory remedies as are permissible in law.

5.

Insofar as the notice dated 14.02.2023 is concerned, we grant liberty to the Petitioners to approach the Tahasildar, Sakri and the said Tahasildar would consider their representation/ grievance by following the due procedure laid down in law. 6.

In view of the above, this Writ Petition is disposed off.

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