Ajay Deorao Rathod And Others v. The State Of Maharashtra And Others

1 902-WP65-2020+.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 902 WRIT PETITION NO. 65 OF 2020 Babu Bandhu Chavan and others .. Petitioners

Versus

The State of Maharashtra and others .. Respondents Mrs. Pathan h/f T. W. Pathan, Advocate for Petitioners. Mrs. A. V. Gondhalekar, Addl. G. P. for Respondents-State. 912 WRIT PETITION NO. 188 OF 2020 Ajay Deorao Rathod and others .. Petitioners

Versus

The State of Maharashtra and others .. Respondents Mrs. Pathan h/f T. W. Pathan, Advocate for Petitioners. Mr. A. R. Kale, A. G. P. for Respondents-State. CORAM : S. V. GANGAPURWALA & MANGESH S. PATIL, JJ.

DATED : 08th JANUARY, 2020.

PER COURT:- .

The learned counsel for the petitioners submits that petitioners are cultivating forest land for more than 30 to 35 years. The petitioners have approached respondent No. 2 as per Section 11 (1) (c) of the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 and Rules 2008, however, no decision has been

2 902-WP65-2020+.odt taken as yet.

2.

The learned Addl. G. P. / A.G.P. accepts notice for all respondents in respective writ petitions.

3.

In case, petitioners have approached respondent No. 2 claiming rights as per Rules 6 and 11 of Rules, 2008, then respondent No. 2 after following procedure as laid down under the said Act and Rules decide the same on its own merits, in accordance with law, expeditiously and preferably within a period of nine (09) months. 4.

In case, petitioners are threatened with dispossession, petitioners may take appropriate steps in that regard.

5.

Writ petitions are disposed of. No costs.

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