Bombay High CourtWP/1810/2016admittedallwdgrantedrule absolute

Ramesh Mahadevrao Thakre v. State Of Maha., Thr. Sect., Revenue Dept., Mumbai And Others

2016-05-03Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice V.M. Deshpande2 pages

0305wp1810.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.1810/2016 Ramesh Mahadevrao Thakre ...Versus...

State of Maharashtra, through its Secretary, Revenue Department, Mantralaya, Mumbai - 32 and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri G.K. Mundhada, Advocate for petitioner Mrs. G.R. Tiwari, AGP for respondent nos.1 to 3 CORAM : SMT. VASANTI A. NAIK AND V.M. DESHPANDE, JJ.

DATE : 03.05.2016 The learned Counsel for the petitioner states that the issue involved in this writ petition was also involved in Writ Petition No.4555/2015 and this Court has, by the judgment, dated 11.12.2015 allowed the said writ petition and has restrained the respondents from seeking the No Objection Certificate as the petitioner therein had purchased the property by a registered sale-deed before the provisions of Section 37 A were inserted in the Maharashtra Land Revenue Code. It is stated that in the instant case also, the property is purchased by the petitioner on 9.6.1980.

Mrs. Tiwari, the learned Assistant Government Pleader appearing on behalf of the respondents does not dispute the factual statement made on behalf of the petitioner. It is

0305wp1810.16.odt admitted that the registered sale-deed was executed in favour of the petitioner in the year 1980, before the date on which the provisions of Section 37 A of the Maharashtra Land Revenue Code were amended. It is also not disputed that in a similar writ petition, this Court had quashed and set aside a similar order. In view of the statements recorded herein above and for the reasons recorded in the judgment, dated 11.12.2015 in Writ Petition No.4555/2015, we allow this writ petition. The impugned order is quashed and set aside.

Order accordingly. No costs.

JUDGE JUDGE Wadkar