Madhav Rangnath Rodge v. The State Of Maharashtra Through The Principal Secretary And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 35 WRIT PETITION NO.11640 OF 2023 MADHAV RANGNATH RODGE

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE PRINCIPAL SECRETARY AND OTHERS ...

Advocate for Petitioner : Mr. S.N. Lale Yelwatkar AGP for Respondents/State : Mr. P.S. Patil ...

CORAM : RAVINDRA V. GHUGE & Y.G. KHOBRAGADE, JJ.

DATE : 20th September, 2023 P.C. :- 1.

The Petitioner claims to be a an Ex-Servicemen. It is not divulged in the petition as to the capacity in which he was serving the Indian Army . He claims to have joined the Indian Army in 1997. While being in service, it is admitted that he sought 10 acres of land vide representation dated 25.10.2004. It is not pleaded in the petition that this representation was filed under which Government Resolution or Government Policy.

2.

The learned AGP submits that there is no such policy by which an in service army person could be granted land only because he claims that he is landless. He further submits that there is a GR which provides for grant of

( 2 ) 35 wp 11640.23 land to a Martyr'

s family or to such a soldier who has participated in 1962, 1965 and 1971 war.

3.

It is beyond comprehension as to how an in service employee of the Army can seek allotment of land without there being any provision or policy of the Government. The pleadings before us, which are based on instructions given by the Petitioner, do not bear out any such policy or GR. 4.

In view of the above, this petition does not deserve to be entertained and stands dismissed.

[Y.G. KHOBRAGADE, J.] [RAVINDRA V. GHUGE, J.] mub