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Bombay High CourtWP/17272/2024disposed off

Galina Consultancy Services Pvt. Ltd. And ORS v. The State Of Maharashtra Thr Its Dept. Of Revenue And ORS

2025-04-02Hon'Ble Shri Justice M. M. Sathaye , Hon'Ble Shri Justice A.S. Chandurkar2 pages

BHARAT DASHARATH PANDIT 1 33 WP-17272-24.doc BHARAT DASHARATH PANDIT Date: 2025.04.03 23:08:48 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.17272 OF 2024 Galina Consultancy Services Private Limited and Others.

...Petitioners.

V/s The State of Maharashtra and Others

...Respondents.

Mr. A.A. Kumbhakoni, Senior Advocate a/w Mr. Pramod Patil & Mr. Ajit Hon, Mr. Darsheel Hule i/b PNP & Associates, Advocates for the petitioners.

Ms. Anjali S. Kolapkar a/w Bhawana R. Khichi, Advocates for respondent no.2.

Mrs. Ashwini A. Purav, Assistant Government Pleader for respondent nos. 1, 3, 4 and 5.

**** CORAM :

A. S. CHANDURKAR & M. M. SATHAYE, JJ.

DATE : 2nd APRIL, 2025 P.C. :

1] The issue raised in this writ petition pertains to consideration of petitioner's application dated 23/07/2021 that has been moved under Section 42(c) of the Maharashtra Land Revenue Code, 1966 seeking permission to convert the subject land for non-agricultural use. According to the learned Senior Advocate appearing for the petitioners, by the report dated 06/07/2023 submitted by the Circle Officer to the Tahsildar, the aspect of ownership is not in dispute. However, on 16/12/2024 the Resident Deputy Collector has sought to close the proceedings on the premise that there was no clarity as to whether the said land was "grant of soil" or "grant of revenue" land. Since relevant record was not found, nothing further has been done in the matter. BDP-SPS 1/2

2 33 WP-17272-24.doc 2] In this regard it is submitted that the petitioners would be willing to deposit necessary charges on grant of permission for non-agricultural use treating the said land to be either "grant of soil" or "grant of revenue", whichever is higher. To enable the learned Assistant Government Pleader to obtain instructions in this regard, list under the caption "For directions" on 22/04/2025.

3] Parties to act on the authenticated copy of this order. (M. M. SATHAYE, J.) (A. S. CHANDURKAR, J.) BDP-SPS 2/2