Mohomad Yusuf Mohomad Hanif, Deceased Through His Lrs., Mohomad Zahed Mohomad Yusuf v. State Of Maharashtra Through Its Secretary, Reveune Department, Mumbai And 2 Others
1 WPs700,701,1602,1603,2406,4209,4210,5629-15 FARAD CONTINUATION SHEET No.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 700/2015 (PRAVIN KESHAVRAO BANAIT VERSUS STATE OF MAHARASHTRA & OTHERS) WITH WRIT PETITION NO. 701/2015 (GAJANAN KESHAVRAO BANAIT & ANOTHER VERSUS STATE OF MAHARASHTRA & OTHERS) WITH WRIT PETITION NO. 1602/2015 (KUSUM SHESHRAO SONAR VERSUS STATE OF MAHARASHTRA & OTHERS) WITH WRIT PETITION NO. 1603/2015 (SMT.NISHA AMBADASPANTH GHONGHADE, THR. POA SHYAM GHONGHADE VERSUS STATE OF MAHARASHTRA & OTHERS) WITH WRIT PETITION NO. 2406/2015 (SANJAY NANDALAL CHANDNANI VERSUS STATE OF MAHARASHTRA & OTHERS) WITH WRIT PETITION NO. 4209/2015 (SHRIKANT VIVEKRAO SHINGANE VERSUS STATE OF MAHARASHTRA & OTHERS) WITH WRIT PETITION NO. 4210/2015 (MOHOMAD YUSUF MOHOMAD HANIF (DECEASED) THR. LEGAL HEIR MOHOMAD ZAHED MOHOMAD YUSUF VERSUS STATE OF MAHARASHTRA & OTHERS) WITH WRIT PETITION NO.
5629/2015 (RAJABHAU UTTAMRAO MADGHE VERSUS STATE OF MAHARASHTRA & 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, counsel for the petitioners. Ms P.D. Rane, A.G.P. for the R-State.
CORAM : SMT. VASANTI A. NAIK AND PRASANNA B. VARALE, JJ.
DATE : DECEMBER 22 , 2015.
Heard.
The learned counsel for the petitioners states that the issue involved in these cases was also involved in Writ Petition No.4555 of 2015 and this Court has, by the judgment dated 11.12.2015, allowed the said writ petition as the sale-deed was executed in favour of the petitioner therein before the
2 WPs700,701,1602,1603,2406,4209,4210,5629-15 provisions of Section 37-A of the Maharashtra Land Revenue Code, 1966 were brought into effect. It is stated that since it was held that the provisions of Section 37-A(1) of the Code are not retrospective in operation, the Deputy Superintendent of Land Records could not have sought the No Objection Certificate, when the petitioner had purchased the property by a registered sale-deed before Section 37-A of the Code was brought on the statute book. It is stated that the facts involved in the decided writ petition and the present writ petition are almost identical. Ms Rane, the learned Assistant Government Pleader appearing on behalf of the respondent-State, does not dispute the statement made on behalf of the petitioners. It is submitted that the petitioners had purchased the property before Section 37-A of the Maharashtra Land Revenue Code, 1966 was brought into effect.
Hence, for the reasons recorded in the judgment dated 11.12.2015 in Writ Petition No.4555 of 2015, we allow this writ petition and quash and set aside the impugned order. Order accordingly. No costs.
JUDGE JUDGE APTE