Tryambak S/O Prabhakar Deshpande v. The Collector, Buldhana And Others

2024:BHC-NAG:12875-DB 1 wp-5655-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.5655 OF 2024 Tryambak S/o Prabhakar Deshpande.

... PETITIONER

VERSUS

The Collector, Buldhana and others.

... RESPONDENTS Shri Tejas Deshpande, Counsel for Petitioner. Shri H.D. Marathe, Assistant Government Pleader for Respondent Nos.1 to 3.

CORAM : DEVENDRA KUMAR UPADHYAYA, CJ. AND NITIN W. SAMBRE, J.

ATE : NOVEMBER 14, 2024 P. C. :

1.

Heard.

2.

The Sub-Divisional Officer, Mehkar in Revenue Case No.2/30/ 1971-72 of Sakharkherda vide order dated August 27, 1975 granted lease of 1.62 HR of land in favour of the respondent No.4-Trust to be used for the purpose of playground for the School run by the said Trust. 3.

The said lease was for a period of fifteen years and accordingly a revenue entry was carried out in the name of the respondent No.4-Trust. 4.

The petitioner, an elected public representative, being a member of Gram Panchayat Sakharkherda, has sought deletion of such entry in view of expiry of lease period. According to him, the representations preferred

2 wp-5655-2024.odt by him on February 16, 2024 and April 05, 2024 are not decided by the respondent-authorities.

5.

The learned Assistant Government Pleader appearing for the respondent Nos.1 to 3 submits that the Court may pass an appropriate order in the matter.

6.

In the aforesaid backdrop, we are of the view that the petitioner can pursue his claim before the respondent-authorities, if so desires, in accordance with law.

7.

We permit the petitioner to appear before the respondent No.2Tahsildar, Sindkhed Raja, District Buldhana on December 16, 2024, who shall deal with the claim of the petitioner expeditiously and in accordance with law without being influenced by the present order. 8.

With the aforesaid directions, the petition stands disposed of. No costs.

(NITIN W. SAMBRE, J.) (CHIEF JUSTICE) LANJEWAR