Mr. Shankar Mahadeo Gaikwad And ANR v. State Of Maharashtra Thru Collector At Satara And ORS
2025:BHC-AS:19854-DB Sayyed 12-WP.10292.2022.docx IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10292 OF 2022 WRIT PETITION NO.10292 OF 2022 Shankar Mahadeo Gaikwad & Anr.
Shankar Mahadeo Gaikwad & Anr.
...
...Petitioners
Petitioners
Versus
Versus
State of Maharashtra & Ors.
State of Maharashtra & Ors.
...
...Respondents
Respondents _____________________________________________________ Mr. Siddhesh Pilankar i/b. Dr. U. P. Warunjikar for the Petitioners. Mr. Siddhesh Pilankar i/b. Dr. U. P. Warunjikar for the Petitioners. Ms. S. S. Bhende, AGP for the Respondent-State. Ms. S. S. Bhende, AGP for the Respondent-State. _____________________________________________________ CORAM :
M. S. Sonak & Jitendra Jain, JJ.
DATED : 30 April 2025 PC.:- (Per M. S. Sonak, J.) 1.
Heard learned counsel for the parties.
Heard learned counsel for the parties.
2.
Rule. The Rule is made returnable immediately at the request Rule. The Rule is made returnable immediately at the request and with the consent of the learned counsel for the parties. and with the consent of the learned counsel for the parties. 3.
Ms. Bhende, learned AGP produces on record communication Ms. Bhende, learned AGP produces on record communication dated 27 March 2025 addressed to her by Deputy Collector dated 27 March 2025 addressed to her by Deputy Collector (Rehabilitation), Satara.
(Rehabilitation), Satara.
4.
Ms. Bhende states that in terms of this communication she has Ms. Bhende states that in terms of this communication she has instructions to state that the impugned order dated 4 July 2022 would instructions to state that the impugned order dated 4 July 2022 would be withdrawn or may be quashed and set aside by this Court and after be withdrawn or may be quashed and set aside by this Court and after giving an opportunity to the Petitioners, a fresh decision would be taken giving an opportunity to the Petitioners, a fresh decision would be taken in the matter within the timeline that could be indicated by this Court. in the matter within the timeline that could be indicated by this Court. 5.
Mr. Pilankar, learned counsel for the Petitioners, submits that Mr. Pilankar, learned counsel for the Petitioners, submits that the petition could be disposed of based on the above statement, but the the petition could be disposed of based on the above statement, but the Petitioners should be given an opportunity to file additional documents Petitioners should be given an opportunity to file additional documents in the context of their eligibility.
in the context of their eligibility.
Sayyed 12-WP.10292.2022.docx 6.
The Petitioners are granted liberty to file additional The Petitioners are granted liberty to file additional documents with the Deputy Collector (Rehabilitation), Satara on or documents with the Deputy Collector (Rehabilitation), Satara on or before 20 June 2025. The impugned order dated 4 July 2022 is quashed before 20 June 2025. The impugned order dated 4 July 2022 is quashed and set aside and the Deputy Collector (Rehabilitation), Satara is and set aside and the Deputy Collector (Rehabilitation), Satara is directed to hear the Petitioners, considering the documents originally directed to hear the Petitioners, considering the documents originally and additionally filed and decide on the Petitioners' claim for alternate and additionally filed and decide on the Petitioners' claim for alternate land by 31 July 2025.
land by 31 July 2025.
7.
The Rule is made absolute in the above terms without any The Rule is made absolute in the above terms without any cost order.
cost order.
8.
All concerned to act on an authenticated copy of this order. All concerned to act on an authenticated copy of this order. (Jitendra Jain, J.) (M. S. Sonak, J.) Signed by: Sayyed Saeed Ali Designation: PA To Honourable Judge Date: 02/05/2025 12:24:27