Sudhir Nanasaheb Pokale v. Sub Divisional Officer Patoda And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.3496 OF 2019 Sudhir s/o Nanasaheb Pokale, Age: 47 years, Occ: Agri., and Service, R/o. Belgaon, Tal. Ashti, District Beed ..PETITIONER

VERSUS

1.

Sub Divisional Officer, Sub Divisional Office, Patoda, Ta. Patoda, District Beed 2.

The District Collector, Beed 3.

The Tehsildar, Ashti District Beed ..RESPONDENTS Mr Shashikant E. Shekade, Advocate for petitioner; Smt Geeta L. Deshpande, A.G.P. for respondents CORAM : PRASANNA B. VARALE AND NITIN W. SAMBRE, JJ.

DATE : 13th MARCH, 2019 ORAL ORDER :

Having heard learned Counsel for the petitioner and learned A.G.P. for respondents - revenue authorities, by consent, the petition can

(2) be disposed of finally at admission stage.

2.

It is the case of petitioner that land Survey No. 43 admeasuring 0H-12R was acquired by the State Government for construction of percolation tank No. 2 at Kasari, Taluka Ashti, District Beed vide award dated 12th July, 1984. The compensation amount is paid to the land owner against the said award.

3.

In spite of acquisition, it is alleged that the land stood in the name of original owner, whereas it should have been mutated in the name of State Government.

4.

The claim of the petitioner is, the original land owner taking disadvantage of the fact that his name remained on revenue record, he is trying to dispose of the land. On efforts on the part of petitioner with the revenue authorities to carry out correction in the mutation entries, the petitioner has not received any response. As such, this petition.

(3) 5.

Learned A.G.P. submits that appropriate orders may be passed in the facts and circumstances.

6.

Having considered the aforesaid factual position, in our opinion, it will be appropriate to direct the respondents, more particularly, Sub Divisional Officer, Sub Division, Patoda, Taluka Patoda, District Beed to decide the representation preferred by the petitioner dated 3rd April, 2017, if required by carrying out appropriate mutation entries. Let the representation be decided within period of eight weeks from the date of communication of the order. The petitioner undertakes to communicate present order to the Sub Divisional Officer, Patoda, District Beed.

7.

With above observations, the petition stands disposed of.

( NITIN W. SAMBRE ) (PRASANNA B. VARALE) JUDGE JUDGE Tupe