Smt. Kuntabai Ramraj Sakure v. State Of Maharashtra, Thr. Its Secretary, Revenue Department, Mumbai And Others

2023:BHC-NAG:14102-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.4603/2023 Smt. Kuntabai Ramraj Sakure, aged about 70 Yrs., Occ. Nil, R/o at Arjuni, Post Paraswada, Tah. Tirora, Dist. Gondia.

...

Petitioner - Versus - 1.

State of Maharashtra, through its Secretary, Revenue Department Mantralaya, Mumbai 400 032.

2.

District Superintendent of Land Record, Gondia, Office at New Administrative Building, 2nd Floor, Room No.21, Jaistambh Chowk, Gondia, Tah. & Dist.

Gondia.

3.

Deputy Superintendent of Land Record, Tirora, office at Near Tahsil office, Tirora, Tah. Tirora, Dist. Gondia.

4.

The Tahsildar, Tirora, office at Near Sub-Divisional Officer's office, Behind Railway Station, Tirora, Tah. Tirora, District Gondia.

... Respondent s ----------------- Mr. I.N. Chaudhari, Counsel for the Petitioner. Mr. A.S. Fulzele, Additional Government Pleader for Respondent Nos.1 to 4.

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CORAM: A.S. CHANDURKAR & MRS. VRUSHALI V. JOSHI, JJ. DATE : 25.9.2023 ORAL JUDGMENT (Per A.S. Chandurkar, J.) Considering the limited relief sought, the learned Counsel for the parties have been heard by issuing Rule and making it returnable forthwith.

2.

The petitioner claims to be the owner of agricultural land bearing Gat Nos.304 and 323 admeasuring 1.13 H.R. at Mouja Khopda, Tahsil Tirora, District Gondia. According to the petitioner, after the consolidation proceedings were held, land to the extent of 0.57 H.R. was shown less in the revenue record. For that reason, the petitioner states that she has made various complaints/representations for correction of the revenue record. One such complaint is dated 23.1.2023 that has been addressed to the District Superintendent of Land Records - respondent No.2. 3.

Since we find that the respondent No.2 is empowered to consider the petitioner's grievance and take necessary steps, if

found necessary, the interest of justice would be served by directing the respondent No.2 to decide the petitioner's complaint dated 23.1.2023 after giving an opportunity to the petitioner and considering the relevant record. To enable consideration of the said representation, the petitioner through her representative shall remain present before the respondent No.2 on 9.10.2023. Within a period of six weeks from that date the respondent No.2 shall take a decision on the said complaint and communicate such decision to the petitioner. If grievance of the petitioner survives thereafter, she is free to take appropriate legal recourse. Writ petition is disposed of with the aforesaid directions. No costs.

(MRS. VRUSHALI V. JOSHI, J.) (A.S. CHANDURKAR, J.) Tambaskar.