Balaji Gangadharrao Potlawar And Others v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 153 OF 2019 BALAJI GANGADHARRAO POTLAWAR AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS Mr. A. V. Patil Indrale, Advocate for the petitioners. Mr. S. B. Yawalkar, AGP for respondents.

CORAM :

S. V. GANGAPURWALA & MANGESH S. PATIL, JJ DATED : 20th JUNE, 2019.

PER COURT:- 1.

The learned Counsel for the petitioners submits that the Collector had directed cancellation of allotment of land to the petitioners. The petitioners had filed an appeal before the Commissioner. The Commissioner allowed the appeal. The Tehsildar who is an authority under law to implement the order and take entry in the relevant revenue record. To that effect application is also made on 10.01.2017. But no action has been taken. 2.

The Addl. G. P. accepts notice for all respondents and states that the Additional Commissioner remanded the appeal to the collector. The collector has not yet decided the matter after remand.

3.

The matter is pending after remand by the Additional Commissioner

2 903-wp153-19.doc under order dated 31.07.2015. The Collector shall decide the said appeal expeditiously and preferably within a period of four months from today. The Tehsildar shall take decision on the application filed by the petitioner on 10.01.2017 (Annexure 'L' page 61) within a period of three months from today on its own merits. The petitioners shall appear before the Tehsildar on 01.07.2019 and may put forth their grievance. The petitioners shall also appear before the Collector in the proceedings remanded by the Additional Commissioner under order dated 31.07.2015 on 27.06.2019. 4.

Writ Petition is disposed of. No costs.

( MANGESH S. PATIL ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.