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Bombay High CourtWP/713/2021rule made absolute

Shantabai Pandu Patil v. The State Of Maharashtra And ORS

2022-12-13Hon'Ble Shri Justice R.D. Dhanuka,Hon'Ble Shri Justice M. M. Sathaye2 pages

KVM 1/2 10 - WP 713 OF 2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION by KANCHAN VINOD MAYEKAR Date: 2022.12.15 10:45:05 +0530 KANCHAN VINOD MAYEKAR WRIT PETITION NO. 713 OF 2021 Shantabai Pandu Patil ..... Petitioner

VERSUS

The State of Maharashtra & Ors.

..... Respondents Mr.Chetan G.Patil for the Petitioner.

Mr.A.P.Vanarase, A.G.P. for the State - Respondent nos. 1 to 5. Mr.Rajendra Yadav, Nayab Tahsildar (Revenue), Gadhinglaj, Tal. Gadhinglaj, District Kolhapur present.

CORAM: R. D. DHANUKA AND M.M. SATHAYE, JJ.

DATE : 13TH DECEMBER, 2022 P.C:- Rule. Learned A.G.P. waives service for all the respondents. Rule is made returnable forthwith. Taken up for final hearing by consent.

2.

By this petition filed under Article 226 of the Constitution of India, the petitioner seeks writ of certiorari for quashing and setting aside the impugned order dated 19th October, 2020 issued by the respondent no.3 and further allowing the application of the petitioner dated 13th March, 2020 and grant of land as specifically mentioned in

KVM 2/2 10 - WP 713 OF 2021.doc prayer (A) of the petition.

3.

Heard learned counsel for the petitioner and learned A.G.P. The petitioner has filed an additional affidavit dated 26th November, 2022 and invited our attention to the communication dated 21st October, 2022 made by the Deputy Collector (Rehabilitation) Kolhapur to the SDO, Gadhinglaj. The said communication shows that the permission is given for allotment of 0.40 R of Gat No.202 to the petitioner herein. 4.

Learned A.G.P. on instruction from Mr.Rajendra Yadav, Nayab Tahsildar (Revenue), Gadhinglaj, Tal. Gadhinglaj, District Kolhapur who is present in Court states that the allotment will be made within a period of six weeks from today in terms of the communication dated 21st October, 2022. Statement is accepted. In that view of the matter since the statement of allotment is already made, the petition is disposed off in terms of the statement made as stated above. Rule is made absolute accordingly. No order as to costs. [M. M. SATHAYE, J.] [R. D. DHANUKA, J.]