Shri Babaso Dnyandev Jagdale v. State Of Maharashtra Through Its Department Of Rehabilitation And ORS

ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELATE JURISDICTION WRIT PETITION NO.7729 OF 2015 Babaso Dyandev Jagdale

...Petitioner

vs.

State of Maharashtra & Ors.

...Respondents

Mr.Pradeep D. Dalvi for the Petitioner Mr.V.S.Gokhale, AGP for the respondent Nos.1 to 4. CORAM : A.S.OKA, & K.R.SHRIRAM, JJ.

DATE : AUGUST 26, 2015 P.C.:

.

Not on board. Taken on board.

Heard the leaned counsel for the petitioner and the learned AGP for the respondents. On 24th August 2015 time was granted to the learned AGP to take instructions. An application was made by the petitioner to the Hon'ble Minister of Rehabilitation, Maharashtra State praying for release of his land from acquisition. On the said application, the Hon'ble Minister has passed order directing the Divisional Commissioner, Pune to take necessary action.

The grievance of the learned counsel for the petitioner is that though there is a direction of the State Government to take action, even as of today, the Divisional Commissioner has not passed any order on the said application. The learned AGP

has not received any instructions about the status of the matter. Hence, we accept the said statements made by the learned counsel for the petitioner. Accordingly, we dispose of the petition by passing the following order:

(I) We direct the petitioner to appear before the Divisional Commissioner, Pune Division, Pune on 14th September 2015 at 11.00 a.m. The petitioner shall produce an office copy of the application dated 5th September 2013 (Exh.A to the petition) along with an authenticated copy of this order before the Divisional Commissioner, Pune;

(II) If the application has been already decided, a copy of the order shall be supplied to the petitioner within a period of 15 days from 14th September 2015. If the application has not been decided, the same shall be decided within a period of three months from 14th September 2015;

(III) Status quo as of today in respect of the possession of the acquired land shall be maintained till the date of communication of the order passed by the Divisional Commissioner to the petitioner;

(IV) If the order passed by the Divisional Commissioner be adverse to the petitioner, the order of status quo will continue for a period of four weeks from the date of communication of the said order to the petitioner;

(V) All contentions on merits are kept open;

(VI) Writ petition is disposed of on above terms.

(K.R.SHRIRAM,J.) (A.S.OKA,J.)