Salman Mubarak Dange And ORS v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.18073 OF 2024 Salman Mubarak Dange and Ors.

.. Petitioners Vs.

The Union of India and Ors.

.. Respondents Mr. Avinash B. Avhad with Mr. Sahil S. Ghule, Advocates for the Petitioners.

Smt. M.S. Bane, Assistant Government Pleader for Respondent Nos.3 to 8. CORAM : A.S. CHANDURKAR & RAJESH S. PATIL, JJ DATE : 12TH DECEMBER 2024.

P.C. :

1.

One of the contentions urged by the learned counsel for the petitioners is that pursuant to the implementation of the Scheme of 1971 framed under the provisions of the Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947, the petitioners had title to land admeasuring 1 Hectare 35 Ares being Gat No.1251. Without any notice to the petitioners, this area has been modified by the impugned orders dated 7th March 2024 and 18th April 2024 passed by the Deputy Superintendent of Land Records. The petitioners allege breach of principles of natural justice.

2.

Issue notice to the respondents, returnable on 16th January 2025. The learned Assistant Government Pleader waives notice for respondent nos.3 to 8. Other respondents be served through all permissible modes. 1/2 Digitally signed by SNEHA ABHAY DIXIT Date:

2024.12.12 17:15:17 +0530 Dixit SNEHA ABHAY DIXIT 19-WP-18073-2024.doc

3.

Any steps taken pursuant to the orders dated 7th March 2024 and 18th April 2024 passed by the Deputy Superintendent of Land Records would be subject to further orders in the proceedings. [ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J. ] 2/2 19-WP-18073-2024.doc Dixit