Dnyandeo Jagdeo Pise (Since Dead) Thr. Lrs. Bhaskar S/O Dnyandeo Pise v. The State Of Maharashtra, Thr. Secretary, Revenue And Forest Dept. Mumbai

(1) 909.wp.3713.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.3713 OF 2022 Dnyandeo Jagdeo Pise (since dead) through his legal heirs Bhaskar s/o Dnyandeo Pise Vs.

State of Maharashtra through its Secretary, Revenue and Forest Department, Mantralaya, Mumbai and others --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. R. D. Karode, Advocate for petitioner.

Mrs. M. A. Barabde, AGP for respondent nos.1 to 3. Mr. S. K. Thengri, Advocate for respondent nos.5 and 6. CORAM :

AVINASH G. GHAROTE, J.

DATE : 12/08/2022 Civil Application (CAW) No.1710 of 2022 1.

Civil Application No.1710 of 2022 seeks amendment of the petition, for raising additional grounds and relief. Since notices are yet to be issued, the application is allowed.

2.

The amendment be carried out forthwith.

3.

Civil application is disposed of.

WRIT PETITION NO.3713 OF 2022 1.

Mr. Karode, learned counsel for the petitioner submits that though Plot No.101 admeasuring 3000 sq. ft at Mouza Manegaon, Tq. Jalgaon Jamod, was allotted to the father of the petitioner under the rehabilitation scheme on account of the old village being inundated by the flood waters, as is reflected from the

(2) 909.wp.3713.2022 proceedings in respect of Application No.1853 of 2020 dated 15.12.2020 (page 31-A), however, the land of plot no.101 has subsequently been divided in two parts and allotted to different persons. When the petitioner came to know that an objection has been raised on 12.12.2020 (page 35) in spite of which, it has been rejected on 26.3.2021 (page 48) on the ground that the original allotment in the records of the Gram Panchayat was not in the name of the father of the petitioner, but in the name of Ganpat Dongaraji Thombre/respondent no.4 (since deceased). Issue notice to the respondents for final disposal of the matter at the admission stage, returnable in four weeks.

2.

Mrs. Barabde, learned AGP waives service of notice for respondent nos. 1 to 3.

3.

Mr. Thengri, learned counsel waives service of notice for respondent nos. 5 and 6.

JUDGE Sarkate SARKATE 19:04