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Bombay High CourtWP/10810/2023disposed off

Dashrath Baburao Kasar And Another v. The State Of Maharashtra Through Its Chief Secretary And Others

2023-09-05Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice Y. G. Khobragade3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 908 WRIT PETITION NO.10799 OF 2023 DASHRATH BABURAO KASAR AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA THROUGH CHIEF SECRETARY AND OTHERS WITH 909 WRIT PETITION NO.10810 OF 2023 DASHRATH BABURAO KASAR AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA THROUGH IT'

S CHIEF SECRETARY AND OTHERS Mr.S.S.Dixit, Advocate for the Petitioners.

Mr.V.M.Kagne, AGP for the Respondent/State.

( CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.) DATE : SEPTEMBER 5, 2023 PER COURT :

1.

In both these matters, we had passed a short order on 01.09.2023 as under :- "1. Issue notice to the Respondents, returnable on 05.09.2023. The learned AGP waives service of notice on behalf of all the Respondents and submits that he would address the Court on the next date.

2. Stand over to 05.09.2023 (Tuesday) in the passing orders category.

3. Till then, the Petitioners shall not be dispossessed from their

- 2 - agricultural property."

2.

The learned AGP has taken instructions with promptitude and submits that the name of the Petitioners does not appear in the revenue records. However, in order to satisfy the Petitioners that they were given an opportunity of hearing, the Petitioners can appear before the Additional District Collector, Ahmednagar on 11.09.2023 at 12.00 noon. After the hearing is over, the matter would be closed for orders and a reasoned order would be delivered on 15.09.2023. 3.

The learned Advocate for the Petitioners is agreeable on instructions.

4.

In view of the above, these petitions are disposed off with the following directions :- [a] Each of these Petitioners would appear before the Additional District Collector, Ahmednagar on 11.09.2023 at 12.00 noon. [b] They would tender their written notes of submissions before the said Authority and also place the documents on record, on which they intend to place reliance in support of their contentions.

- 3 - [c] The concerned authority shall deliver a reasoned order on 15.09.2023.

[d] If the Petitioners have any grievance about the said order, they would be at liberty to take recourse to a remedy as is statutorily provided.

[e] The interim protection granted on 01.09.2023, would continue till 15.09.2023.

( Y. G. KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J.)