Tikaram Gulabrao Deshmukh v. The State Of Maharashtra, Thr. Secretary, Revenue And Forest Department, Mumbai And ANR.

2024:BHC-NAG:11643-DB Judgment

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 6211 OF 2024 Tikaram Gulabrao Deshmukh, Aged about 43 years, Occ. Business, R/o. Murmadi/ Sawari, Tq. Post Lakhani, Dist.- Bhandara - 441809 .... PETITIONER // VERSUS // 1.

The State of Maharashtra, through its Secretary, Revenue and Forest Department, Mantralaya, Mumbai 32 2.

The District Collector, through the District Mining Officer, Bhandara .... RESPONDENTS --------------------------------------------------------------------------------------------- Shri Abhay Sambre, Advocate for petitioner.

Ms S.S. Jachak, Addl.GP for respondents ---------------------------------------------------------------------------------------------

CORAM

: AVINASH G. GHAROTE AND SMT. M.S. JAWALKAR, JJ.

DATE :

16/10/2024 JUDGMENT (PER:

AVINASH G. GHAROTE , J.) 1.

Heard.

2.

Rule. Rule made returnable forthwith.

Judgment 3.

Learned Assistant Government Pleader waives notice for the respondents.

4.

It is not disputed that the Lease Deed dated 20/10/2016, executed in favour of the petitioner has a renewal clause (page 36). The issue has already been decided by the Division Bench of this Court in Aijitkumar Amolakchand Jain vs The Collector, Gondia in Writ Petition No. 3249/2020 (page 67), in view of which, since the existence of the renewal clause in the aforesaid Lease Deed is not disputed, the respondents are directed to execute a Lease Deed in favour of the petitioner in terms of the renewal clause for the duration as contemplated therein.

5.

Rule accordingly. No order as to costs.

(SMT. M.S. JAWALKAR, J.) (AVINASH G. GHAROTE, J.) R.S. Sahare Signed by: Mrs. Ranjana Sahare Designation: PA To Honourable Judge Date: 17/10/2024 15:31:03