Achyut Radhakisan Mane And Another v. The State Of Maharashtra And Others

{1} 5-WP-6286-18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 6286 OF 2018 Achyut s/o Radhakishan Mane and Anr.

...Petitioners

Versus

The State of Maharashtra and Ors.

...Respondents

Mr. Shubham Jayabhar, Advocate holding for Mr. D.R. Jayabhar, Advocate for Petitioner Mr. S.G. Karlekar, Assistant Government Pleader for Respondents/State CORAM : S.V. GANGAPURWALA AND A.M. DHAVALE, JJ.

DATE: 15th JANUARY, 2019 Pera COURT 1.

Issue notice to the respondents.

2.

The learned Assistant Government Pleader waives service of notice for respondents.

3.

Mr. Jayabhar, the learned Counsel for the petitioners submits that the land of the petitioners was acquired Gal Pera land exists. The petitioners have given application for grant of Gal Pera land on 03.04.2017. However, the same is not yet considered by the Collector.

{2} 5-WP-6286-18 4.

The learned Assistant Government Pleader submits that if the application is pending, the authority will take decision upon it in accordance with law. 5.

Section 32 of the Maharashtra Land Revenue Code, 1966, prescribes the procedure for allotment of Gal Pera land. The petitioners also rely on the Government resolution to that effect. The application as is contended by petitioners is pending with the Collector.

6.

In case the application filed by the petitioners (Exhibit-'A', page 12) for grant of Gal Pera land/alluvial is pending with the Collector (Respondent No.2), then the respondent No. 2 shall decide the same on its own merits considering Section 32 of the Maharashtra Land Revenue Code and also the government instructions issued from time to time in that regard expeditiously preferably, within a Period of six months.

7.

The Writ Petition is accordingly disposed of. No costs.

( A.M. DHAVALE, J. ) ( S.V. GANGAPURWALA, J. ) mta