Dattatray Nagnath Giri And Another v. The State Of Maharashtra Through Principal Secretary And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 393 WRIT PETITION NO.11187 OF 2022 DATTATRAY NAGNATH GIRI AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA THROUGH PRINCIPAL SECRETARY AND OTHERS .....

Advocate for Petitioners : Mr. Biradar Chandrakant D. AGP for Respondents 1 to 8: Mr. S.K. Tambe .....

CORAM : RAVINDRA V. GHUGE AND SANJAY A. DESHMUKH, JJ.

DATED : 16th NOVEMBER, 2022.

PER COURT :- 1.

The petitioners claim to be the original Inamdars and Pujaris. They have put forth the prayer clause "B" as under:- "B) By issuing writ of mandamus or any other appropriate writ, order of directions in like nature, may kindly be directed to respondent authorities specifically to the Ld. District Collector, Latur to decide the representation as per Govt. Circular dated 06 November 2018 as well as it may kindly directed to decide on the basis of the Judgment and Order dated 22nd January, 2020 in Writ Petition No. 2759 of 2011 and handover the possession of total Service Inam land in the administration or management or supervision of petitioners to service of Shridevi Devasthan Math Pangaon, Tq. Renapur, Dist. Latur." 2.

It is stated that the application dated 31.05.2022 has been addressed to the Divisional Commissioner, Aurangabad, praying for grant of Ek Sal Lavni over the Shridevi Devsthan Math, Pangaon, Tq.

wp11187.22 -2Renapur, district Latur. The learned advocate submits that the Divisional Commissioner may consider the representation and take a decision.

3.

In view of the above, this petition is disposed off. 4.

Let the Divisional Commissioner, Aurangabad deal with the representation dated 31.5.2022 on it's own merits and subject to the jurisdiction vested in him by the law. If the decision on the representation is within his jurisdiction, he may consider the relevant record and take into account the views of all stakeholders and arrive at a decision, as expeditiously as possible and preferably on or before 28.02.2023. In the event, he does not have jurisdiction to entertain the said application, he may advise as to the procedure that the petitioners need to adopt for seeking redressal of their grievance. 5.

Needless to state, the Divisional Commissioner would abide by our directions only if there is no other legal impediment. (SANJAY A. DESHMUKH, J.) (RAVINDRA V. GHUGE , J.) rlj/