Sitaram Kisan Kundkar v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 909 WRIT PETITION NO.5899 OF 2019 SITARAM KISAN KUNDKAR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS Mr. D.R. Jayabhar, Advocate for petitioner;

Mr. S.B. Yawalkar, A.G.P. for respondent no.1 CORAM : DIPANKAR DATTA, CJ.

AND SMT. VIBHA KANKANWADI, J.

DATE : NOVEMBER 16, 2022 PC :

1.

The prayer in this writ petition is for a direction to the Tahsildar, respondent no.2, to decide the petitioner's application dated 10th September, 2018.

2.

Without expressing any opinion on the merits of the petitioner's claim as raised in the application, we dispose of this writ petition with a direction to the Tahsildar to consider the claim of the petitioner, in accordance with law, as early as possible but preferably within three months from date of receipt of an authenticated copy of this order. 3.

While considering the application, the Tahsildar shall put the private respondents on notice, hear and decide their objections, if any, to the petitioner's claim. 4.

This order shall not be construed as an expression of opinion on the maintainability of the application of the

petitioner and the Tahsildar shall be free to pass an appropriate order as he deems fit and proper but according to law. [SMT. VIBHA KANKANWADI, J.] [CHIEF JUSTICE] amj