M/S Deshmukh Trading Company Pvt Ltd., Nagpur Thr. Director, Bhaiyyaji Shankarrao Deshmukh v. State Of Maharashtra, Thr. Secretary, Rural Development Department, Mumbai And Others

1 wp 1677.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition No.1677/2024 (M/s Deshmukh Trading Company Pvt. Ltd, Nagpur V State of Maharashtra and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. N.B. Bargat, Advocate for petitioner.

Mr. Ukey, Addl.GP for respondent nos.1 to 4.

CORAM : Nitin W. Sambre & Abhay J. Mantri, JJ DATE : 15-03-2024.

It is the case of the petitioner that land Gat No.34/1 from S.No.64 was never hit by the provisions of the Urban Land (Ceiling and Regulation) Act, 1976, as such the revenue entry to that effect ought to have been maintained in the name of the petitioner. 2.

Consequently, the petitioner has taken out proceedings for correction of revenue records in his name which was since not decided by the respondent Collector. Writ Petition (Civil) No. 2695/2023 was preferred in that regard.

3.

The said Writ Petition came to be decided on 05-09-2023 with directions to the Collector to decide the claim of the petitioner regarding removal of mutation entry in the 7/12 extract.

4.

Pursuant to the said directions the Collector has passed the impugned order on 20-10-2023, thereby rejecting the prayer of the petitioner. It is the contention of learned Counsel for the

2 wp 1677.24.odt petitioner that the order impugned is based on the incorrect appreciation of the report of the Tahsildar so also the Revenue record.

5.

So as to substantiate his contention that the possession is remained with the petitioner and the U.L.C. Authorities have never taken over the possession prior to 07-11-2007, he has drawn support from the communications issued by the Tahsildar on 13-09-2022 and 15-09-2022.

6.

Issue notice to the respondents, returnable on 26-04-2024.

7.

Learned Additional Government Pleader, waives notice for respondent nos. 1 to 4.

(Abhay J. Mantri, J.) (Nitin W. Sambre, J. ) Deshmukh Signed by: Mr. S.Deshmukh Designation: PS To Honourable Judge Date: 15/03/2024 18:19:50