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Bombay High CourtWP/10968/2019disposed offdismissed for default

Shantabai Maroti Kubarwad And Another v. The State Of Maharashtra And Others

2019-09-05Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Anil S. Kilor3 pages

1 wp 10964.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 10964 OF 2019 Ram Rupsing Jadhav and others .. Petitioners

Versus

The State of Maharashtra and others .. Respondents Shri Tahiwarkhan Wajeedkhan Pathan, Advocate for Petitioners. Shri S. B. Yawalkar, A.G.P. for Respondent Nos. 1 to 5. WITH WRIT PETITION NO. 10968 OF 2019 Shantabai Maroti Kubarwad and another.. Petitioners

Versus

The State of Maharashtra and others .. Respondents Shri Tahiwarkhan Wajeedkhan Pathan, Advocate for Petitioners. Shri S. P. Tiwari, A.G.P. for Respondent Nos. 1 to 5. WITH WRIT PETITION NO. 10974 OF 2019 Rangrao Maruti Shinde and others .. Petitioners

Versus

The State of Maharashtra and others .. Respondents Shri Tahiwarkhan Wajeedkhan Pathan, Advocate for Petitioners. Shri S. B. Yawalkar, Addl.G.P. for Respondent Nos. 1 to 4.

2 wp 10964.19 WITH WRIT PETITION NO. 11007 OF 2019 Vakil Hemla Jadhav and others .. Petitioners

Versus

The State of Maharashtra and others .. Respondents Shri Tahiwarkhan Wajeedkhan Pathan, Advocate for Petitioners. Shri S. P. Tiwari, A.G.P. for Respondent Nos. 1 to 5. CORAM : S. V. GANGAPURWALA AND ANIL S. KILOR, JJ.

DATE : 05TH SEPTEMBER, 2019.

FINAL ORDER :

.

The learned counsel for petitioners submits that petitioners are cultivating forest land for more than 30 to 35 years. The petitioners have approached respondent no. 2 as per Section 11(1)(c) of the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 and Rules 2008, however, no decision has been taken as yet. 2.

The learned Addl/A.G.P. accepts notice for all respondents in respective writ petitions.

3.

In case, petitioners have approached respondent no.2 claiming rights as per Rules 6 and 11 of Rules, 2008, then respondent no.2 after following procedure as laid down under the

3 wp 10964.19 said Act and Rules decide the same on its own merits, in accordance with law, expeditiously and preferably within a period of nine (09) months.

4.

In case, petitioners are threatened with dispossession, petitioners may take appropriate steps in that regard.

5.

Writ Petitions are disposed of. No costs.

[ANIL S. KILOR, J.] [S. V. GANGAPURWALA, J.] bsb/Sept. 19