Bipin Madhavrao Mundhe v. The State Of Maharashtra And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.475 OF 2019 Shri Bipin s/o Madhavrao Mundhe, Age: 40 years, Occ: Agri., R/o. Plot No.475, Near Ketaki Hospital, N-3, CIDCO, Aurangabad District Aurangabad.

..PETITIONER

VERSUS

1.

The State of Maharashtra, Through Collector, Aurangabad, District Aurangabad.

2.

The Sub Divisionalk Officer, Paithan-Phulambri, Tq. Paithan, District Aurangabad.

3.

The Tahsildar, Paithan, Tq. Paithan, Dist. Aurangabad.

4.

The Circle Officer, Bidkin, Tq. Paithan, Dist. Aurangabad.

5.

The Talathi, Bidkin, Tq. Paithan, Dist. Aurangabad.

..RESPONDENTS Mr Yogesh B. Bolkar, Advocate for petitioner; Mrs M.A. Deshpande, A.G.P. for respondent/State CORAM : PRASANNA B. VARALE AND S.M.GAVHANE, JJ.

DATE : 15th FEBRUARY, 2019

(2) ORAL ORDER :

Heard learned Counsel appearing for the petitioner.

2.

As limited grievance is raised in the petition, the petition is taken up for disposal at admission stage.

3.

The petitioner who claims to be owner of the land situated in Gat No.940 has submitted the application to the Tahsildar, Paithan on 10th April, 2018. By the present application, the petitioner prays for effecting change in the mutation entries and then to take further steps. The Tahsildar, on receiving the application, directed the Talathi, Saja Bidkin, by way of communication dated 18th July, 2018 directed to take necessary steps and submit report to the Tahasildar.

4.

The grievance of the petitioner is, in spite of official communication forwarded to Talathi Bidkin Saja, no steps are taken.

(3) 5.

This being only grievance of the petitioner, without going into other issues, namely, tenability of the application before officer concerned to whom application is submitted, by leaving the said issue open for consideration to these authorities, we dispose of the petition only with directions to respondent Nos. 3 and 5 to take decision on the application of the petitioner dated 10th April, 2018. We re-iterate that this Court has not expressed any opinion on the merits of the application, as such, the authorities, more particularly, Tahsildar to take decision on the application dated 10th April, 2018 on its own merits. This exercise be undertaken as expeditiously as possible and not later than six weeks from the date of this order.

6.

With these directions, the petition is disposed of.

( S.M.GAVHANE ) (PRASANNA B. VARALE) JUDGE JUDGE Tupe