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Bombay High CourtWP/12886/2024disposed off

Shivsing Shankarsing Gautam v. The State Of Maharashtra Through Chief Secretary And Others

2024-11-27Hon'Ble Shri Justice S. G. Mehare,Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2024:BHC-AUG:27891-DB 1 wp 12886.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 12886 OF 2024 Shivsing Shankarsing Gautam .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Sambhaji S. Tope, Advocate for the Petitioner. Shri S. K. Tambe, Addl.G.P. for the Respondent Nos. 1 to 7. CORAM : S. G. MEHARE AND SHAILESH P. BRAHME, JJ.

DATE : 27TH NOVEMBER, 2024.

FINAL ORDER :

.

Heard learned counsel for the petitioner.

2.

Issue notice to the respondents. Learned A. G. P. waives service of notice for respondent Nos. 1 to 7. Notice to the respondent No. 8 is not necessary.

3.

Petitioner has a case that some portion of his land was acquired for construction of a bus stand. However his entire land was recorded in the revenue record in the name of the respondent No. 8. However, he has preferred the application to the Tahsildar for correcting revenue record. It was allowed. The appeal against said judgment before the S. D. O. was also dismissed. However, Additional Collector had reversed the said judgment. Against

2 wp 12886.24 the said order revision was preferred before the Commissioner. It was allowed. Against said judgment, respondent No. 8 preferred revision application before State Minister. However, that petition was allowed and against that order petitioner has preferred a review application bearing No. 14017 of 2019 along with application for condonation of delay. However, it is yet not decided.

4.

Now the respondent No. 8 is going to make the construction. The petitioner has apprehension of encroachment over his land which is not acquired for the purposes of construction of a bus stand. In view thereof, it would be appropriate to direct the respondent No. 3 to decide the review application as mentioned above within three (03) months from today.

5.

In view of above terms writ petition stands disposed of. [SHAILESH P. BRAHME J.] [S. G. MEHARE, J.] bsb/Nov. 24