Eknath Nivrutti Pawar And ORS v. The State Of Maharashtra And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11094 OF 2023 Eknath Nivrutti Pawar & Ors

...Petitioners

Versus

The State of Maharashtra & Anr

...Respondents

Mr. P.J. Thorat, a/w P.B. Gujar, Advocates for the Petitioners. Mr. A.I. Patel, Addl.GP, a/w S.L. Babar, AGP, for Respondent Nos.1 & 2.

CORAM

: B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ.

DATE : MARCH 04, 2024 PC :

1.

Mentioned. Taken out of turn.

2.

Rule. Respondents waive service. With the consent of the parties Rule made returnable forthwith and heard finally. Digitally signed by ASHWINI JANARDAN VALLAKATI Date:

2024.03.06 12:18:57 +0530 ASHWINI JANARDAN VALLAKATI 3.

The above Writ Petition is filed seeking the following reliefs: "A.

That this Hon'ble Court be pleased to call record and proceedings pertaining to the common notices dated 10/05/2023, 21/06/2023, 26/07/2023 issued by the

Respondent No.2 Collector in respect of Gat No. 503 (old Survey No. 7, 8, 9 and 360) admeasuring 3H 51R, bearing Khata No.362 at village Vele, Taluka Wai, District Satara in Application dated 19/09/2016.

B.

That this Hon'ble Court be pleased to issue Writ of mandamus or any other appropriate Writ or Order in the like nature directing to Respondent No.2 to decide the Applications dated 19/09/2016 and 05/09/2018 filed by the Petitioners pertaining to the Gat No. 503 (old Survey No. 7, 8, 9 and 360) admeasuring 3H 51R, bearing Khata No.362 at village Vele, Taluka Wai, District Satara independently and seperately and before deciding any subsequently filed application for allotment of the said land."

4.

Mr. Thorat, the learned Counsel appearing on behalf of the Petitioners stated that he is not pressing prayer clause (A) of the above Petition and would be satisfied if prayer clause (B) is granted. He submitted that in fact it is an admitted fact that these Applications have not yet been decided and this is admitted by the State in paragraph 3(viii) of the affidavit in reply dated 12th October, 2023. 5.

The learned AGP, on instructions, has made a further statement that a hearing to the Petitioners is already fixed by the District Collector, Satara on 6th March, 2024.

6.

Once this is the factual situation before us, we dispose of the above Writ Petition by directing Respondent No.2 (the District Collector, Satara) to dispose of the Applications filed by the Petitioners dated 19th September, 2016 and 5th September, 2018 within a period of three months from today. As scheduled, the District Collector, Satara, shall give hearing to the Petitioners on 6th March, 2024. If any further hearing needs to be given, that shall be decided by the District Collector. 7.

The Rule is made absolute in the aforesaid terms and the Writ Petition is also disposed of in the terms thereof. However, there shall be no order as to costs.

8.

Personal Assistant of this Court. All concerned will act on production by [ SOMASEKHAR SUNDARESAN, J.] [ B. P. COLABAWALLA, J.]