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Bombay High CourtWP/234/2015dispossed offdismiss for default

Fakira S/O Narayan Oimbe v. State Of Maharashtra Through The Chief Secretary, Department Of Revenue And Forest, Mumbai And 3 Ot

2015-03-23Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice Sunil B. Shukre2 pages

Order 2303wp234.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 234/2015.

Shri Fakira Narayan Olmbe -VERSUSState of Maharashtra and others.

Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

CORAM

: B.P.DHARMADHIKARI & S.B.SHUKRE, JJ.

DATE : MARCH 23, 2015.

Heard Shri V.K. Paliwal, learned Counsel for the petitioner and Shri A.M. Deshpande, learned A.G.P. for respondent nos. 1 to 4.

Shri Paliwal, learned counsel submits that though land has been acquired long back, it has not been put to any use, and hence, request of petitioner for its return may be considered.

Learned A.G.P. submits that the land vests in State Government and as per law it can be sold only by public auction.

Learned counsel for petitioner upon

Order 2303wp234.15 instructions states that petitioner is ready and willing to purchase the land at its present market rate. In this situation, it is apparent that the petitioner has to move appropriate application in terms of Land Disposal Rules with the respondent no.1 or respondent no.2, as the case may be. If such application is moved within a period of four weeks from today, respondents to consider the same independently and uninfluenced by this decision, within a period of next three months.

With these directions, we dispose of the writ petition. No costs.

JUDGE JUDGE Rgd.