Arvind S/O Gunwant Bele And Others v. State Of Maharashtra, Thr. Secretary, Department Of Revenue, Mumbai And ORS

1 wp6095.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

WRIT PETITION NO. 6095 OF 2024 ( Arvind s/o Gunwant Bele and others ..vs.. State of Maharashtra, through its Secretary, Mumbai and others ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Anup Dhore, Counsel for the petitioners, Mr. S.S. Hulke, A.G.P. for respondent Nos.1 to 3. CORAM : BHARATI DANGRE & ABHAY J. MANTRI, JJ.

DATE : 11-10-2024 As per the petitioners, the refusal by the Assistant Collector-cum-Sub-Divisional Officer to entertain the appeal filed under Section 247 of the Maharashtra Land Revenue Code is erroneous, as according to them, it is not open for them to file appeal under Section 6 of the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974. We expect the learned Assistant Government Pleader representing respondent Nos.1 to 3 to obtain necessary instructions. Re-notify to 12-11-2024.

In the meantime, accepting the statement of the petitioners that they are in possession of the land since last 43 years, by way of ad interim direction, we direct that the petitioners shall not be dispossessed.

(ABHAY J. MANTRI, J.) (BHARATI DANGRE, J.) adgokar Signed by: MR. P.M. ADGOKAR Designation: PS To Honourable Judge Date: 11/10/2024 16:03:52