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Bombay High CourtWP/8252/2018disposed off

Smt. Mohanabai (Rekha) Wd/O Vithalrao Ashtikar v. The Collector, Nagpur And Another

2024-04-15Hon'Ble Shri Justice Nitin W. Sambre,Hon'Ble Shri Justice Abhay J. Mantri1 pages

2024:BHC-NAG:4288-DB 6-WP-8252-18.odt 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.

OF 20 Smt. Mohanabai (Rekha) wd/o Vithalrao Ashtikar, Kudkeshwar, Nagpur -vsThe Collector, Nagpur and anr.

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

or directions and the Registrar's orders.

------------------------------------------------------------------------------------------------------------------------------------ Shri Sachin S. Deshpande, Advocate for petitioner. Ms Tajwar Khan, Assistant Government Pleader for respondent Nos.1 and 2. CORAM : NITIN W. SAMBRE AND ABHAY J. MANTRI, JJ. DATE : April 15, 2024 1.

Heard Shri S. S. Deshpande, learned counsel for the petitioner. His contention is that the proposal dated 14/07/2004 forwarded by Tahsildar, Umred to the Collector, Nagpur (Ceiling) has not been yet decided.

2.

With the assistance of the respective counsel we have perused the record. It appears that the land in question which is referred to in communication dated 14/07/2004 pertains to ceiling proceedings under the Ceiling Act having regard to the total holding of the alleged ancestors of the petitioner.

3.

The fact remains that the petitioner's status as that of the legal heir of the earlier purchaser cannot be inferred from the record or from the impugned communication.

4.

Be that as it may, we deem it appropriate to dispose of the petition with liberty to the petitioner to pursue the issue before the concerned Authority. Order accordingly.

5.

The writ petition is disposed of. No costs.

6.

Pending Civil Application also stands disposed of accordingly. (Abhay J. Mantri, J.) (Nitin W. Sambre, J.) Asmita