Vilas S/O Shriram Dange v. Gaukarnabai W/O Ramdas Solanke And Others

1 / 2 916-wp-389-22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAW) NO. 1321 OF 2022 IN WRIT PETITION NO. 389 OF 2022 Vilas S/o Shriram Dange -- Petitioner Vs.

Gaurkarnabai w/o Ramdas Solanke & Anr.

-- Respondents - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S.S. Sharma, Advocate for Petitioner Ms. T.H. Khan, AGP for for Respondent - State CORAM : MANISH PITALE, J.

DATE : 22nd JUNE, 2022 During pendency of the petition, the petitioner expired on 01/05/2022, due to which the present application has been moved by the applicant for bringing their names on record to represent the interest of deceased petitioner. 2.

For the reasons stated in the application, the application is allowed and the applicants are directed to be brought on record, to represent the interest of deceased petitioner. Amendment to be carried out forthwith.

3.

The learned counsel for the petitioner submits that in the present case, the impugned order restoring the land in MP Deshpande

2 / 2 916-wp-389-22 favour of the respondent No.1 could not have been passed, for the reason that sufficient material about tribal status of respondent No.1 was not placed on record. The sale deed is of the year 1998 and, therefore, this Court is of the opinion that prima facie case is made out.

4.

Issue notice to the respondents, returnable on 05/08/2022.

5.

Ms. T.H. Khan, learned Assistant Government Pleader waives service for respondent Nos.2 to 4.

6.

In the meanwhile, there shall be ad-interim relief in terms of prayer clause (b).

JUDGE P DESHPANDE 10:41 MP Deshpande