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Bombay High CourtWP/9463/2023disposed off

Prakashchand Shikharchand Patodi And Others v. The State Of Maharashtra Through The Secretary And Others

2023-08-07Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice Y. G. Khobragade1 pages

( 1 ) 23 wp 9463.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 23 WRIT PETITION NO.9463 OF 2023 PRAKASHCHAND SHIKHARCHAND PATODI AND OTHERS

VERSUS

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

Advocate for Petitioners : Mr. Jayabhar Dattatraya R. AGP for Respondents/State : Mr. S.G. Karlekar ...

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

DATE : 7th August, 2023 P.C. :- 1.

The Petitioners pray that their representation dated 15.12.2022 placed before the District Collector, Aurangabad be considered and decided. They are relying upon the law laid down by the Hon' ble Supreme Court in the case of R.L. Jain (D) by LRs V/s. D.D.A. & Ors.; AIR 2004 SUPREME COURT 1904.

2.

In view of the above, if the District Collector is vested with the jurisdiction to deal with the said issue, he would consider the representation dated 15.12.2022 by following the due procedure laid down in law and after granting reasonable opportunity of hearing to all the stake holders, within 90 days. The law laid down by the Hon'

ble Supreme Court in the case of R.L. Jain (supra) shall be considered.

3.

The Writ Petition is disposed off.

[Y.G. KHOBRAGADE, J.] [RAVINDRA V. GHUGE, J.] mub