Late Sudam Krishna Alias Kushaba Pathare Decd Thru Lhrs v. The State Of Maharashtra Thru Dept. Of Revenue And ORS

25-wp2581-2024.doc VRJ

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2581 OF 2024 VAIBHAV RAMESH JADHAV VAIBHAV RAMESH JADHAV Date: 2024.02.26 17:21:37 +0530 Sudam Krishna Alias Kushaba Pathare Since Deceased Through Legal Heirs ... Petitioner V/s.

The State of Maharashtra Through Department of Revenue & Ors.

... Respondents Mr. S. J. Karandikar with Mr. Nikhil V. Chavan and Mr. S. A. Kocharekar for the petitioner.

Mr. P. G. Sawant, AGP for the State/respondent Nos.1 to 4.

CORAM

: AMIT BORKAR, J.

DATED : FEBRUARY 26, 2024 P.C.:

1.

The respondent No.5(1) challenged order passed by the authorities in 1964 under the provisions of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 in 2018. The said appeal was allowed on 29th October 2020, however, on 28th September 2019 sole contesting respondent died. The District Superintendent of Land Records, by order dated 29th October 2020, allowed the appeal and directed preparation of fresh record in exercise of power either under section 31A or 32 of the said act. Accordingly authorities under the act implemented

25-wp2581-2024.doc the order against the dead person. The petitioner challenged such exercise of power after remand before the Minister. The Minister by the impugned order has rejected the petitioner's appeal. 2.

Hence, issue notice to the respondents, returnable on 22nd April 2024.

(AMIT BORKAR, J.)