This single paragraph judgment dismisses a writ petition challenging an order by the Tahsildar directing the petitioner to hand over possession of an allotted plot, holding that retaining only one plot is consistent with State rehabilitation policy.
Writ petition stands dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
wp10012.odt
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.100 OF 2012
Magan Visram Sasake (Dhangar)
Petitioner
Versus
The State of Maharashtra & others
Respondents
Mr.Amol S. Sawant, advocate for the petitioner Mr.S.G.Karlekar, A.G.P. for Respondents No.1, 2, 3 & 5. Mrs.Vaishali D. Jadhav-Patil, advocate for Respondent No.4. Mr.N.N.Desale, advocate for Respondent No.6.
CORAM : R.M.BORDE &
V.L.ACHLIYA, JJ. DATE :18th June, 2014
PER COURT:
1 Petitioner is challenging the order dated 31.12.2011, passed by Tahsildar, Sakri, directing the petitioner to hand over possession of plot no.497, admeasuring 185 square meters to Respondent No.6.
2 An affidavit-in-reply has been presented on behalf of Respondents wherein it is stated that family of the petitioner has already been allotted plot no.605, admeasuring 370 square meters and plot no.497, admeasuring 185 square meters, and petitioner is entitled to retain only one plot.
3 The order has been issued by the Tahsildar on consideration of the record as well as on perusal of the complaint made against the petitioner in respect of allotment of plots by one
wp10012.odt
Smt.Kasubai Bhagwan Ajage. On perusal of the order impugned in this petition as well as on consideration of the affidavit-in-reply, we are convinced that the action taken by the Tahsildar is in consonance with the policy prescribed by the State in respect of rehabilitation of project affected persons. There is no merit in the petition.
4 Writ Petition stands dismissed.
V.L.ACHLIYA JUDGE
R.M.BORDE JUDGE
adb/wp10012
1 issue framed by the court
Whether the order directing the petitioner to hand over possession of an allotted plot is liable to be set aside.
Magan Visram Sasake (Dhangar)
The State of Maharashtra
V.L.Achliya
R.M.Borde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
