Ramesh S/O Vitthal Kadam And Others v. The State Of Maharashtra, Through Its Secretary Department Of Revenue, Mumbai And Others

914wp 3728.2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION 3728/2018 RAMESH S/O VITTHAL KADAM AND OTHERS VS THE STATE OF MAHARASHTRA AND OTHERS ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order__________________________________________________________ Mr. Praneet Vairagade h/f. Mr. B. Dafle, Advocates for the petitioners Mrs. K.S. Joshi, Addl. G.P. for the respondents CORAM : ROHIT B. DEO AND Y.G. KHOBRAGADE, JJ.

DATED : 24/01/2023 We have heard the learned Counsel for the petitioners.

2.

In effect, the petitioners are seeking enforcement of the purported order rendered in 1978 under the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974.

3.

Apart from the delay involved, we do not find that the order, on which the entire petition is founded, is placed on record.

4.

The learned Counsel for the petitioners is not in a position to assure us that the said order shall be obtained/ secured and placed on record within the near future. SM Gate

914wp 3728.2018.odt 5.

In this view of the matter, we do not see any propriety in keeping this petition pending. As and when, the petitioners lay their hand on the purported order rendered in 1978, they are free to approach the Court afresh.

6.

We, however, clarify that even if any further proceedings are filed, the question of delay and laches shall have to be examined on its own merit.

7.

The petition is disposed of.

(Y.G. KHOBRAGADE, J.) (ROHIT B. DEO J.) SANDIP MAHADEV GATE Personal Assistant to the Hon'ble Judge SANDIP MAHADEV GATE Date: 2023.01.27 19:10:27 +0530 SM Gate