Dicksons Overseas Private Limited, Thr. One Of Director, Rahul Prakash Dixit And Another v. State Of Maha., Ministry Of Revenue And Forests, Thr. Principal Secretary, Mumbai And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.3821 OF 2020

1) Dicksons Overseas Private Limited, a company registered under the Companies Act, 1956 having its registered Office at W-46, MIDC, Hingna Road, Nagpur - 440 016 and having its CIN : U63030MH1994 PTC077442, acting through its one of Director Shri Rahul Prakash Dixit.

2) Shri Rahul Prakash Dixit, aged about 45 years, occupation : busIness, having his office at W-46, MIDC, Hingna Road, Nagpur-440016.

...

Petitioners - Versus -

1) State of Maharashtra, Ministry of Revenue and Forest, through its Principal Secretary, Mantralaya, Madam Cama Road, Mumbai-400 032.

2) Joint Secretary, Ministry of Revenue and Forest, Mantralaya, Madam Cama Road, Hutatma Rajguru Chowk, Main Building, First Floor, Mumbai - 400 032.

3) Shri Prasad Kamalakar Dharap, Acting as Liquidator for Jejani Pulp and Paper Mills Private Limited, resident of "Prasad", 47, New Ramdaspeth, Nagpur 440 010.

4) Divisional Commissioner, Office of

Divisional Commissioner, Old Secretariat, Civil Lines, Nagpur 440 001.

5) The Collector, Gadchrioli, Maharashtra - 442506.

6) The Tahsildar, Wadsa, Tahsil Wadsa, District Gadchiroli-441207.

...

Respondents ----------------- Shri M.P. Khajanchi, Advocate for petitioners. Smt. K.S. Joshi, I/c. Government Pleader for respondent nos.1, 2, 4, 5 and 6.

Shri M.B. Limaye, Advocate for respondent no.3. ---------------- CORAM : SUNIL B. SHUKRE AND ANIL S. KILOR, JJ.

DATED : JULY 5, 2021 ORAL JUDGMENT (PER SUNIL B. SHUKRE, J.) :

Hearing was conducted through Video Conferencing and the learned Counsel for the parties agreed that the audio and visual quality was proper.

2) Heard Shri Khajanchi, learned Counsel for the petitioners, Smt. Joshi, I/c. Government Pleader for the respondent nos.1, 2, 4, 5 and 6, and Shri Limaye, learned Counsel for the respondent no.3.

3) Rule, returnable forthwith. Heard finally by consent of the learned Counsel appearing for the parties. 4) Now only the prayer made in clause (a) of the petition has been pressed by the petitioners as prayer clause (b) has been worked out.

5) By the order passed on 28/1/2021, stay granted by the State Government on 10/12/2020 to the notification dated 8/3/2019 has been removed and now respondent nos.4, 5 and 6 would have no difficulty in processing the application dated 3/11/2020 filed by the respondent no.3 seeking permission regarding conversion of Class II land into Class I land under Section 29 of the Maharashtra Land Revenue Code, 1966. Accordingly, we direct the competent Authority to process and decide the application filed by the respondent no.3 for grant of permission to convert Class II land into Class I land, in terms of Section 29 of the Maharashtra Land Revenue Code, 1966 as expeditiously as possible and preferably within four weeks from the date of receipt of this judgment. Till the decision on the application

is taken, it is directed that no coercive action shall be taken against the petitioners.

6) Rule is made absolute in the above terms. No costs. JUDGE JUDGE khj