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Bombay High CourtWP/5980/2024disposed off

Balasaheb Dnyanoba Ghenand v. State Of Maharashtra Through Its Principal Secretary Revenue Department Mantralaya And ORS

2024-04-29Hon'Ble Justice Sharmila U. Deshmukh2 pages

12-wp-5980-2024.doc Shabnoor

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5980 OF 2024 Balasaheb Dnyanoba Ghenand ... Petitioner V/s.

State of Maharashtra & Ors ... Respondents SHABNOOR AYUB PATHAN SHABNOOR AYUB PATHAN Date: 2024.04.29 18:52:39 +0530 Mr. Yuvraj Narvankar a/w Ms. Amruta Gurav a/w Mr. Suraj Gurav & Mr. Aditya D. Gurav, for Petitioner. Mr.Hamid Mulla, AGP for State/Respondent Nos.1 & 2.

CORAM

: AMIT BORKAR, J.

DATED : APRIL 29, 2024 P.C.:

1.

According to the petitioner, the consolidation extract issued under the provisions of the Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947. Respondent Nos.3 to 8 were shown to be allotted area to the extent of 70 R. However, the Tehsildar in exercise of power under the Maharashtra Land Revenue Code, 1966 has passed the impugned order, which has affected or modified extracts prepared under the provisions of the Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947. Prima faice, the petitioner has made out the case for grant of interim relief.

12-wp-5980-2024.doc 2.

Hence, issue notice to respondent Nos.3 to 8, returnable on 24 June 2024.

3.

Till the next date, the impugned order dated 2 February 2024 passed by the Tehsildar, Khed in the proceeding bearing No.208 of 2023 shall remain stayed.

(AMIT BORKAR, J.)