Babu Chintaman Yadav v. The State Of Maharashtra Through Secretary And Others

2025:BHC-AUG:31882-DB 920-wp-13658-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 920 WRIT PETITION NO.13658 OF 2025 Babu Chintaman Yadav

VERSUS

The State Of Maharashtra Through Secretary And Others ...

Mr. S. V. Gundre, Advocate for the Petitioner. Mr. R. S. Wani, AGP for Respondent Nos.1 to 3/State. ...

CORAM : SMT. VIBHA KANKANWADI & HITEN S. VENEGAVKAR, JJ.

DATE : 18 NOVEMBER 2025 ORDER :

.

Present petition has been filed for directions to respondent No.3 to consider the representation made by the petitioner on its own merits in a stipulated time and it is also stated that till it is decided, respondent No.3 shall not pass any award in respect of land Survey No.222/1/2, which was acquired by respondent No.4.

2.

Learned AGP waives notice for respondent Nos.1 to 3 and upon instructions from respondent No.3, he submits that by communication dated 07.07.2025, the present petitioner was directed to produce the evidence regarding his claim of ownership. Further, the learned AGP makes a statement that within a period of four months, the award would be [1]

920-wp-13658-2025.odt passed and by that time even the representation of the petitioner would be decided.

3.

Taking into consideration the photocopy of the said communication dated 07.07.2025, it can be seen that the copy of this communication appears to have not been given to the present petitioner. If he is called upon to file documents to support his claim, then respondent No.3 ought to have given the copy or a separate notice to the petitioner. Now, in view of the statements made, we dispose of this writ petition by giving directions to respondent No.3 that the respondent No.3 should immediately issue notice to the petitioner within a period of one week from today as to what is expected from him. After giving proper opportunity of submission of documents and hearing, respondent No.3 can proceed with the matter. As undertaken, he should decide the said representation within a period of four months from today. [ HITEN S. VENEGAVKAR ] [ SMT. VIBHA KANKANWADI ] JUDGE JUDGE scm [2]