Shri. Ramesh S/O Bhikaji Kumbhalkar v. District Collector, Gadchiroli And 5 Others

2024:BHC-NAG:9519-DB 1-WP-333-14.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.

OF 20 Ramesh S/o Bhikaji Kumbhalkar, Tq. Tirora, Dist. Gondia -vsDistrict Collector, Gadchiroli and ors.

------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and the Registrar's orders.

------------------------------------------------------------------------------------------------------------------------------------ Shri N. S. Warulkar, Advocate for petitioner. Shri J. Y. Ghurde, Assistant Government Pleader for respondent Nos.1 to 6. CORAM : NITIN W. SAMBRE AND ABHAY J. MANTRI, JJ. DATE : August 26, 2024 1.

Heard.

2.

It is the case of the petitioner that the legal heirs of original allottee Shriram Jagannath Lade had agreed to transfer the right of cultivation of land bearing Survey No.324/2 admeasuring 2 hectares in favour of the petitioner.

3.

According to the learned counsel for the petitioner, for felling/cutting trees standing on the said land over which forest department was having right, royalty of Rs.68,423/-was already deposited in the Government Treasury on 24/07/2004 pursuant to the communication dated 11/08/2003. In such an eventuality vide his communication dated 20/04/2011 the Collector, Gadchiroli that is respondent No.1 had also recommended permission to be granted in favour of the petitioner for felling/cutting trees so as to facilitate legal heirs of original allottee to cultivate the land. 3.

The learned counsel for the petitioner submits that as the subsequent orders were for the first time communicated to the

1-WP-333-14.odt 2/2 petitioner vide communication dated 20/12/2011 which is not questioned, he be granted liberty to question the said communication/order.

4.

In view of aforesaid, the writ petition is disposed of as not pressed with liberty to the petitioner to question the order dated 20/12/2011 in accordance with law.

5.

No costs. Pending Civil Application No.1647/2024 also stands disposed of accordingly.

(Abhay J. Mantri, J.) (Nitin W. Sambre, J.) Asmita