Satish Babasaheb Dhas v. The State Of Maharashtra And Others

108.22WP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 932 WRIT PETITION NO.108 OF 2022 SATISH BABASAHEB DHAS

VERSUS

THE STATE OF MAHARASHTRA & OTHERS ...

Advocate for the petitioner : Mr.D.P.Palodkar Addl.GP for Respondent-State : Mr.S.B.Yawalkar ...

CORAM : S.V.GANGAPURWALA & S.G.DIGE, JJ.

DATE : 05.01.2022 P.C. :

1] Learned counsel for the petitioner submits that permission has been granted for purchase of the property under Section 6 of the Hyderabad Abolition of Inam and Cash Grants Act, 1954. The petitioner is occupying class-I land. Appeal is filed by respondent no.4 under Section 247 of Maharashtra Land Revenue Code, 1966 against the permission granted for converting the land from class-II to Class I. The said appeal is not maintainable. No such appeal under Section 247 is provided against the order granting permission to purchase and / or conversion of land from Class-II to Class-I.

108.22WP 2] Learned AGP appears for respondent nos.1 to 3. 3] The petitioner already raised objections about maintainability of the appeal before the Collector. Naturally, the Collector while deciding the appeal is required to consider all the contentions raised by the parties. The Collector certainly will have to take decision on the objections regarding maintainability raised by the petitioner after hearing all the parties concerned.

4] At present, it will be premature to consider the Writ Petition as no orders are passed by the Collector. 5] The Writ Petition is disposed of. In that event, all the contentions of the parties are kept open. No costs. [S.G.DIGE, J.] [S.V.GANGAPURWALA, J.] DDC