Deepali Wd/O Vilasrao Pande v. State Of Maharashtra, Ministry Of Revenue And Forest, Mumbai Through Secretary And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 839 OF 2021 Smt. Deepali Wd/o. Vilasrao Pande Aged 65 years, Occ : Business, R/o. Ambapeth, Amravati, Tehsil & District Amravati .. Petitioner

Versus

1. State of Maharashtra In the Ministry of Revenue & Forest, Mantralaya, Mumbai - 32 Through Secretary.

.. Respondents

2. District Collector, Amravati

3. Tehsildar, Amravati, Tehsil & District Amravati WITH WRIT PETITION NO. 301 OF 2021 M/s. Vinayak Stones, A Partnership Firm, Through its Authorised Partner, Shri.Saket S/o. Ajay Mehta Aged 30 years, Occ : Business, R/o.Vidyaniketan Colony, Court Road, Paratwada, Tahsil Achalpur, District Amravati .. Petitioner

Versus

1. State of Maharashtra, In the Ministry of Revenue and Forest, Mantralaya, Mumbai - 32, Through its Secretary .. Respondents

2. District Collector, Amravati

3. Tehsildar, Achalpur, Tah. Achalpur, District Amravati

WITH WRIT PETITION NO. 302 OF 2021 Shri.Ramkrushna Pandurangji Katre, Aged 61 years, Occ : Business, R/o.Gaurkeda Kumbhi, Tahsil Achalpur, District Amravati .. Petitioner

Versus

1. State of Maharashtra, In the Ministry of Revenue and Forest, Mantralaya, Mumbai - 32, Through its Secretary .. Respondents

2. District Collector, Amravati

3. Tehsildar, Achalpur, Tah. Achalpur, District Amravati Miss. Ramaa V. Kukday, Advocate for petitioners in all the petitions. Mr. A. M. Kadukar, AGP for respondents in W.P. No.839 of 2021. Mr. N. R. Patil, AGP for respondents in W.P. Nos.301 and 302 of 2021.

CORAM

:

SUNIL B. SHUKRE AND ANIL S. KILOR, JJ.

DATED :

20/10/2021 ORAL JUDGMENT (Per Sunil B. Shukre, J.) Heard learned counsel for the petitioners and learned AGP for all the respondents in respective petitions. (2) Rule. Rule made returnable forthwith. Heard finally by consent of the learned counsel appearing for the parties.

(3) The learned counsel for the petitioners in all these petitions submits that the issues involved in these petitions are identical with the demand involved in Writ Petition No. 438 of 2021, decided on 28th September, 2021. Learned AGP appearing in respective petitions agree. Hence, we pass the following order : i.

The petitions are partly allowed.

ii.The impugned notices are hereby quashed and set aside. iii. The matters are remanded back to the respondent Nos.2 and 3 for fresh consideration and decision in accordance with law after giving due opportunity of hearing to the petitioners, within two weeks from the date of appearance of the petitioners before respondent Nos.2.

iv. The petitioners to appear before respondent No.2 - District Collector, Amravati on 26th October, 2021.

Rule accordingly. No costs.

[ ANIL S. KILOR J. ] [ SUNIL B. SHUKRE J.] KOLHE