Gram Panchayat Thr. Sarpanch, Tarsa And Another v. State Of Maha. Thr. Principle Secretary, Mumbai And Others

wp3773.17.O.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.

OF 2017 (Gram Panchayat thr. its Sarpanch, Tarsa, Tah. Mouda, Dist. Nagpur and another Vs. State of Government thr. Principle Secretary as well as Special Officer on duty, Revenue and Forest Department, Mumbai and others) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri M.I. Dhatrak, Advocate for Petitioner.

Ms. S.V. Kolhe, AGP for Respondents 1 & 2/State. Shri S.D. Zoting, Advocate for Respondent 3.

CORAM: ROHIT B. DEO , J.

DATE: 1 7 th OCTOBER, 8 .

Heard.

2] Ms. S.V. Kolhe, the learned Assistant Government Pleader fairly states that she has orally instructions from the State Government that the decision to grant lease to the respondent 3, or otherwise, shall be taken afresh after hearing the petitioner - Gram Panchayat who is objecting to the grant of lease in favour of respondent 3. 3] In view of the statement, which is accepted, the order impugned dated 30.11.2016 is quashed and set aside. 4] The State Government shall, after hearing the objector - Gram Panchayat Tarsa, take a fresh decision on granting lease of the land in question in favour of

wp3773.17.O.odt 2 respondent 3. The Zilla Parishad and respondents 1, 2 and 4 shall ensure that the possession of the land, is taken from respondent 3, if not already taken. This shall be done in two weeks.

5] The petition is disposed of.

JUDGE NSN