Shri Bhagat S/O Ganesh Babre And 3 Others v. The State Of Maharashtra, Through Its Secretary, Revenue And Forest Department, Mumbai And 2 Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 02/2018 (Shri Ajay S/o Ramdas Babare & anr. vs. State of Maharashtra & ors.) WITH WRIT PETITION NO. 07/2018 (Shri Bhagat S/o Ganesh Babre & ors. vs. State of Maharashtra & ors.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri P.S. Sahare, Advocate for the petitioner(s) Shri P.S. Tembhare, AGP for the respondent nos. 1 to 3 CORAM : B.P. DHARMADHIKARI AND Z.A.HAQ, JJ.

DATED : 01 /08/2018 1] Learned AGP has pointed out that petitioners in both the petitions do not find mention in the impugned orders.

2] The order impugned in W.P. No. 07/2018 is against one Leelabai Harichandra Chavhan and she is not petitioner before this Court. Impugned order in W.P. No. 02/2018 is against Shri Ajay Ramdas Babre. He is petitioner no. 1 and alongwith him, another person namely Pratap S/o Chandulalji Morval is petitioner no. 2. 3] This Court has on 16/03/2018 directed petitioners to deposit the amount as claimed in the impugned orders. Petitioners claim that they attempted to deposit it but deposit has not been accepted.

4] Learned AGP is attempting to justify action of respondents in not accepting deposit from strangers.

2 wp02.18+ 5] We are not inclined to go into the merits of the controversy.

6] Without prejudice to the rights of the respondents in the matter, we direct respondents to accept the amount in terms of orders dated 16/03/2018 if offered by petitioners within two weeks from today. Acceptance of that amount by respondents shall not cloth petitioners with any right. 7] After deposit of such amount, it is open to petitioners to move appropriate application as per law with respondent no. 2/Collector within further period of four weeks. Said application, if received, shall be considered independently on its own merit by respondent no. 2/Collector within next three months.

8] With this direction, we dispose of present writ petitions. No costs.

JUDGE JUDGE Ansari