Smt. Kamal Santoshrao Rewatkar v. The State Of Maharashtra,Thr. Collector, Nagpur And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 7210 OF 2022 Smt. Kamal Santoshrao Rewatkar, Aged about 72 years, Occ. - Nil, Resident of 43, Saibaba Nagar, Kharabi, Nagpur.

....

PETITIONER

VERSUS

1) State of Maharashtra, through its Collector, Nagpur, Civil Lines, Nagpur.

2) The Superintendent of State Excise, Nagpur, Civil Lines, Nagpur.

3) Diwakar s/o Ramkrishna Deshmukh, (since dead) through his legal heirs3-A) Smt. Tursabai Diwakar Deshmukh, Aged about 70 years.

3-B) Sou. Vaishali Nago Dambhare, Aged about 32 years.

3-C) Rahul Diwakar Deshmukh, Aged about 30 years.

3-D) Amit Diwakar Deshmukh, Aged about 28 years.

All Residents of Silli, Tahsil - Kuhi, District - Nagpur.

4) Dilip s/o Ramkrishna Deshmukh, Aged about 65 years, Occ. - Nil, R/o Silli, Tahsil - Kuhi, District - Nagpur.

.... RESPONDENTS

_________________________________________________________ Mr. Anand Parchure, Counsel for the petitioner, Mr. S.M. Ukey, Addl.G.P. for respondents 1 and 2, Mr. S.G. Jagtap, Counsel for respondents 3A to 3D and 4. _________________________________________________________ CORAM : ROHIT B. DEO & MR. M.W. CHANDWANI, JJ.

DATED : 1 st AUGUST, ORAL JUDGMENT : (PER : R.B. DEO, J.) Rule. Rule made returnable forthwith. Heard finally with consent of the parties.

2.

The grievance of the petitioner is that respondents 1 and 2 are not initiating action against respondents 3 and 4 for breach of conditions of licence.

3.

Respondents 1 and 2 have filed affidavit-in-response dated 24-7-2023, paragraphs 4, 5 and 6 of which read thus : "4.

It is further submitted that, the Inspector of State Excise on 13-3-2023 submitted its report and pursuant thereto on 27-4-2023 notice is also issued to the petitioner as well as respondents No.3 and 4 directing them to submit relevant documents, in order to decide the matter.

5.

It is submitted that, pursuant to the said notice, on 25-5-2023 respondent No.3 has submitted the documents regarding construction and other document relating to use of the said premises for non-agricultural purpose. All these documents was forwarded to the Inspector of State Excise for verification and he has submitted the said report, vide its report dated 3-7-2023. 6.

It is submitted that, all the above mentioned documents and reports would be placed before the respondent No.1 within one week. The respondent No.1, assures that the decision shall be taken within 3 months from the date of appearance of parties and after giving opportunity of being heard to the petitioner and the respondents 3 and 4."

4.

Considering that steps are now initiated, albeit belated, to look into the grievance of the petitioner, we dispose of the petition by issuing the following directions.

i) The petitioner and respondents 3 and 4 shall appear before respondent 1-Collector, Nagpur on 07-8-2023. ii) After hearing all the stakeholders, respondent 1Collector, Nagpur shall take an appropriate decision on or before 15-10-2023.

5.

The petition is disposed of in the afore-stated terms. (M.W. Chandwani, J.) (Rohit B. Deo, J.) adgokar MANOHARRAO ADGOKAR