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Bombay High CourtWP/8844/2021disposed off

Balku Bhima Sutar Since Dec Thr His Legal Heir v. The State Of Maharashtra Thr Its Dept. Rehabilitation And ORS

2022-03-25Hon'Ble Shri Justice S.V. Gangapurwala,Hon'Ble Shri Justice Vinay Joshi3 pages

Priya Soparkar 1 504 wp 8844-21-c IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8844 OF 2021 Balku Bhima Sutar, Since deceased through his legal heir, Tukaram Balku Sutar.

... Petitioner V/s.

The State of Maharashtra and ors.

... Respondents --- Digitally signed by PRIYA RAJESH SOPARKAR Date:

2022.04.12 11:02:07 +0530 PRIYA RAJESH SOPARKAR Mr.P.D.Dalvi, Advocate for the Petitioner.

Mr.S.L.Babar, AGP for the State.

--- CORAM : S. V. GANGAPURWALA AND VINAY JOSHI, JJ.

DATE : 7th APRIL, 2022.

P.C.:- Not on board. Taken on production board in view of urgency.

1.

The motion is moved for speaking to minutes of the order dated 25th March, 2022.

2.

The learned counsel submits that in Line No.6 of paragraph No.1 of the said order Gut No.407 is referred, the same ought to be 460. 3.

In the light of that, in Line No.6 of Paragraph No.1 of the order dated 25th March, 2022 instead of Gut No.407, the same be corrected as Gut No.460, which read thus:-

Priya Soparkar 2 504 wp 8844-21-c

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8844 OF 2021 Balku Bhima Sutar (Deceased) Through Legal Heirs ..... Petitioners Vs.

State of Maharashtra & Ors.

..... Respondents P. D. Dalvi for the Petitioners S. L. Babar, AGP for the State

CORAM:

S.V. GANGAPURWALA & VINAY JOSHI, JJ.

DATED :

MARCH 25, 2022 P.C.

The learned Counsel for the Petitioners submits that the land of the Petitioners has been acquired by the Respondents in 2004. The Petitioners are Project Affected Persons. The Petitioners have applied for allotment of land from Gut No.132/16, 132/9 at Gadhinglaj and Gut No.460/A/B/C/D at village Gijavane, Tq. Gadhinjlaj, Dist. Kolhapur. The first application was made in the year 2012 and the second application was made on 6th August 2021.

The learned Counsel submits that the Petitioners were continuously representing for allotment of the said lands but no cognizance has been taken of the Petitioners' Application.

Priya Soparkar 3 504 wp 8844-21-c We have heard the learned AGP.

The applications filed by the Petitioners are not yet decided. The Respondent Authority (Respondent No.2) shall take decision upon the Applications of the Petitioners (Page 15 and Page 23) on its own merits and in accordance with law and policy, preferably within three months.

In case the lands sought by the Petitioners, as detailed above, are not allotted to any person, same shall not be allotted, till the Applications of the Petitioner are decided.

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