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Bombay High CourtWP/9771/2021disposed off

Tukaram Sahu Kamble Since Deceased Through His Legal Heirs v. Collector And Deputy Director For Rehabilitation (Land) And ORS

2022-04-08Hon'Ble Shri Justice S.V. Gangapurwala,Hon'Ble Shri Justice Vinay Joshi3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BASAVRAJ GURAPPA PATIL CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9771 OF 2021 BASAVRAJ GURAPPA PATIL Date: 2022.04.11 15:56:08 +0530 Tukaram Sahu Kamble (Deceased) Through : Legal Heirs ..... Petitioners Vs.

Collector and Dy. Director for Rehabilitation (Land Acquisition) Ors.

..... Respondents Mr. P. D. Dalvi for the Petitioners Smt. A. A. Purav, AGP for the State

CORAM:

S.V. GANGAPURWALA & VINAY JOSHI, JJ.

DATED :

APRIL 8, 2022 P.C.

We have heard learned Counsel for the Petitioners and the learned AGP.

The Petitioners seek directions against the Respondents to mutate the lands as per the allotment order dated 7th November 1988 (Exhibit-A).

The learned Counsel for the Petitioners submits that the Petitioners were allotted the land in question under the allotment order dated 7th November 1988 and were also 1/3

placed in possession on the basis of the Kabje Pavati Panchnama dated 7th November 1988. However, the names have not been mutated. The Additional Collector also directed the Tahasildar to mutate the names of the Petitioners way back in the year 2018. Yet the names of the Petitioners are not mutated.

The Irrigation Department and the Revenue Office are not towing the same line. Be that as it may, the Petitioners have produced the documents on record.

The Petitioners shall file their Application with the concerned Tahasildar for mutating the names of the Petitioners along with a copy of the order passed by the Dy.Collector and Kabje Pavati Panchnama.

The Tahasiladr shall consider the same after hearing the Petitioners and Resettlement Officer and take decision, preferably within six months from the date of the Petitioners making an Application.

Naturally, the Revenue Officer is required to consider all the documents placed before him and the orders passed earlier.

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The Writ Petition is disposed of accordingly. No costs. (VINAY JOSHI, J.) (S.V. GANGAPURWALA, J.) 3/3