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Bombay High CourtWP/479/2019disposed offdismissed for default

Darbarsing Piratsing Rajput v. The State Of Maharashtra And Others

2020-01-23Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

1 67-WP479-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 479 OF 2019 Darbarsing Piratsing Rajput .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Mr. Prakashsing B. Patil, Advocate for Petitioner. Mr. S. P. Tiwari, AGP for Respondent Nos. 1 to 5. Mr. Yogesh Bolkar, Advocate for Respondent No. 6. Mr. N. V. Gaware, Advocate h/f Vishnu B. Madan, Advocate for Respondent No. 7.

CORAM : S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

DATED : 23rd JANUARY, 2020.

PER COURT:- .

We have heard Mr. Patil, learned counsel for the petitioner. The learned counsel submits that the illegalities were committed by the society and by it's office bearers. Enquiry report was submitted by respondent No. 4 on 23.03.2004. The respondent / authorities have not taken cognizance of the same.

2.

Mr. Gaware, learned counsel for respondent No. 7 submits that the report dated 23.03.2004 has lost it's significance. Pursuant to the enquirty report dated 23.03.2004, the Collector, Dhule regularized the plots after accepting Nazrana / transfer charges from some of the

2 67-WP479-19.odt members. Thereafter, the Hon'ble State Minister for Revenue and Forest directed under its order dated 30.11.2016 to conduct an enquiry in view of the report of Sub Divisional Officer dated 23.03.2004. The Sub Divisional Officer pursuant thereto conducted an enquiry and submitted report on 18.12.2018. In view of the report dated 18.12.2018 of the Sub Divisional Officer, the Collector has issued letter dated 07.01.2020 to the Government for further steps. 3.

It is now for the Government to take necessary decision upon it. 4.

The respondent No. 1 shall take decision with regard to the report dated 18.12.2018 and the letter dated 07.01.2020 (page no. 75) expeditiously and preferably within a period of six (06) months from today on its own merits.

5.

With the aforesaid observations, writ petition is disposed of. No costs.

( SHRIKANT D. KULKARNI ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.