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

2025:BHC-NAG:2287-DB 1 21.WP.1677-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 1677 OF 2024 ( M/s Deshmukh Trading Company Pvt. Ltd., Nagpur Thr. its Director Vs.

State of Maharashtra, Thr. its Secretary, Rural Development Department Mantralaya, Mumbai & Ors. ) Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. N.B. Bargat, Advocate for the Petitioner. Mr. S.M. Ukey, Addl.GP for the Respondents/State. CORAM: AVINASH G. GHAROTE AND ABHAY J. MANTRI, JJ.

DATED : 6th MARCH, 2025 1.

Heard.

2.

The Petitioner who is a subsequent purchaser of the land of Survey No.66/2 which are numbered as S.nos.34/1 and 34/2 at Mouza Wanadongri, Tahsil Hingna, District Nagpur seeks a declaration that the proceedings in ULC Case No.2169/76 stands lapsed on account of the repeal. 3.

The reply filed by the State on 19.06.2024 in para 4(g), makes a specific averment, that possession of the surplus land is not found to be taken as per the provisions of Sections 10(3) and 10(5) of the ULC Act, 1976. That being so, the requirement of provisions of Section 3 of the Urban

2 21.WP.1677-2024.odt Land (Ceiling and Regulation) Repeal Act, 1999 do not stand satisfied, on account of which, we hold that the proceedings in ULC Case No.2169/76 stands lapsed on account of the repeal.

4.

The Petition is accordingly allowed in the above terms. No costs.

5.

Pending application/s, if any, shall stand disposed of accordingly.

(ABHAY J. MANTRI, J.) (AVINASH G. GHAROTE, J.) SD. Bhimte Signed by: Mr.S.D.Bhimte Designation: PA To Honourable Judge Date: 06/03/2025 18:23:53