Shivaji Ramu Patil And ORS v. State Of Maharashtra Throu. Sec. Dept Of Revenue Forest And Resettlement And ORS

17-wp1841-2024.doc VRJ

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1841 OF 2024 VAIBHAV RAMESH JADHAV VAIBHAV RAMESH JADHAV Date: 2024.02.14 18:58:52 +0530 Shivaji Ramu Patil & Ors.

... Petitioners V/s.

The State of Maharashtra Through Secretary, Department of Revenue Forest And Resettlement & Ors.

... Respondents Mr. Surel S. Shah i/by Mr. Ketan Joshi for the petitioners.

Mr. Y. D. Patil, AGP for the State.

CORAM

: AMIT BORKAR, J.

DATED : FEBRUARY 14, 2024 P.C.:

1.

Leave to amend. Amendment to be carried out within two weeks from today.

2.

Issue notice to respondent Nos.1 to 4, returnable on 13th March 2024.

3.

Respondent No.2 who has passed the impugned order shall file affidavit explaining source of power, reasons for exercising such power and whether the person who filed complaint had any locus to file such application. Respondent No.2 shall also file an affidavit giving instances of exercise of similar power by him before passing of impugned order.

17-wp1841-2024.doc 4.

On perusal of the impugned order, it appears that the orders passed in the years 1992, 2002 and 2008 have been reopened on the ground of violation of conditions at the instance of the person whose locus is not stated in the impugned order. 5.

Hence, till 13th March 2024, there shall be ad-interim relief in terms of prayer clause (b).

(AMIT BORKAR, J.)