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Bombay High CourtWP/10758/2024rule made absolute

Dnyandeo Jairam Kadale Since Deceased Throu. His L.H v. The State Of Maharashtra Throu. Govt Pleader And ORS

2025-02-06Hon'Ble Shri Justice Jitendra Shantilal Jain , Hon'Ble Shri Justice M.S. Sonak2 pages

60-WP-10758-24-F.DOCX Sayali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10758 OF 2024 Dnyandeo Jairam Kadale

...Petitioner

Versus

The State of Maharashtra and Others

...Respondents

______________________________________________________ Mr Sachin Deokar, for Petitioner.

Mr Kedar Dighe, Additional GP with Ms. S. R. Crasto, AGP for the State.

______________________________________________________

CORAM:

M.S. Sonak & Jitendra Jain, JJ.

DATED:

06 February 2025 PC:- 1.

At the request of Mr. Dighe, we post this matter for final disposal at the admission stage on 20 February 2025. 2.

The Petitioner is directed to implead Atul Lala Kharat, Member of Zilla Parishad, Solapur as Respondent immediately. 3.

Amendment be carried out forthwith.

4.

Reverification is dispensed with.

5.

Issue notice to this newly impleaded party, returnable on 20 February 2025.

6.

In addition to the Court notice, leave is granted to serve this newly impleaded Respondent by all permissible modes

60-WP-10758-24-F.DOCX including humdust, speed post, etc. The Petitioner should file his affidavit of service.

7.

The notice to indicate that this Petition will be disposed of finally on the admission stage.

8.

The learned AGP states that an affidavit will be filed and served latest by 17 February 2025. The affidavit should clearly state the status of land which the Petitioner claims was earlier allotted to the Petitioner and now is proposed to be allotted to the temple at the behest of Atul Lala Kharat. Photographs about the status of this property must also be placed on record.

9.

In addition to the State Government's affidavit, we direct Mr Sopan Tope, Deputy Collector of rehabilitation in Solapur (DRO), who made the impugned order dated 10 March 2023, to file an affidavit explaining the circumstances under which such an order was made, even if without giving any notice to the Petitioner. This affidavit must also be filed and served by 17 February 2025 at the latest. 10.

List this matter on 20 February 2025 (Jitendra Jain, J) (M.S. Sonak, J)