Bombay High CourtWP/3084/2021disposed off

Vedprakash S/O Kamalnarayan Jaiswal v. The Tahsildar, Hingna

2022-07-26Hon'Ble Shri Justice A.S. Chandurkar,Hon'Ble Justice Urmila Joshi Phalke2 pages

940wp 3084.2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION (WP) NO. 3084/2021 Mr. Vedprakash s/o Kamalnarayan Jaiswal ..VS..

The Tahsildar, Hingna ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order__________________________________________________________ Ms. Radhika Bajaj, Advocate for the petitioner Shri Neeraj R. Patil, Assistant Government Pleader for the respondent CORAM : A. S. CHANDURKAR AND URMILA JOSHI-PHALKE, J.J. DATED : 26/07/2022 Rule. Rule made returnable forthwith. Heard the learned Counsel for the parties.

The petitioner is owner of the land bearing Survey No. 26 admeasuring 2 Hectares 03 Are at Mauza Ridhora, Tq. and Dist. Nagpur. The land was acquired for the Lower Vena Project on 08.05.1997. Pursuant to the application of the petitioner, he was allotted Plot No. 640-B admeasuring 274 Square meters towards rehabilitation. The Tahsildar on 24.12.2018 issued a Grant in Form18, Rule 49 under the Maharashtra Land Revenue Code, 1966. It was mentioned therein that land allotted to the petitioner was 1500.00 square feet. The petitioner on 31.01.2019 issued a communication to the Tahsildar seeking correction in area of Plot No. 640-B. Since no steps have been taken by the Tahsildar, the petitioner has approached this Court.

Despite grant of sufficient time, no reply has been filed on behalf of the respondent. In these facts, interests of justice would be served by directing the Tahsildar to decide the petitioner' s application dated 31.01.2019 seeking correction in the area of Plot SMGate

940wp 3084.2021.odt No. 640-B in terms of the Grant issued to the petitioner on 24.12.2018.

To enable such adjudication to be undertaken, the petitioner shall appear before the Tahsildar, Hingna on 05.08.2022. The Tahsildar, Hingna shall take a necessary decision on the said application within a period of three weeks from 05.08.2022 and communicate the same to the petitioner.

With these directions, the writ petition is disposed of. Rule accordingly. No costs.

JUDGE JUDGE Digitally signed by SANDIP MAHADEV GATE Date:

2022.07.28 12:40:31 +0530 SANDIP MAHADEV GATE SMGate