Disposed

Pundlik Haribhau Tambe v. the State of Maharashtra and Others

Bombay HC17 Nov 2014WP/3232/2014

Case brief

AI extract

What is this about?

Petitioner sought return of balance 10 acres of land acquired for Maharashtra State Farming Corporation after partial allotment. Court directed Divisional Commissioner to process pending representations within three months. Petition disposed.

What did the court decide?

Petitioner to submit pending representations to the Divisional Commissioner within two weeks; Commissioner to decide within three months after hearing; no costs.

Pundlik Haribhau Tambe Vs the State of Maharashtra and Others — Land Acquisition | Bombay HC (2014)

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(1) W.P. No. 3232 of 2014

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD.

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Writ Petition No. 3232 of 2014

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Shri Pundlik Haribhau Tambe, Age : 42 years, Occupation : Agriculture, R/o. At post Ukkalgaon, Taluka : Shrirampur, District : Ahmednagar. .. Petitioner.

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versus

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The State of Maharashtra, Through its Secretary, Revenue and Forest Department, Mantralaya, Mumbai - 32.

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The Divisional Commissioner, Nashik Division, Nashik.

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The Deputy Collector (Special Land Acquisition), Land Acquisition Unit No.13, Collector Office, Ahmednagar, District : Ahmednagar.

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The Manager, Maharashtra State Farming Corporation, Tilaknagar Mala, Gandhi Wadi, Post Tilaknagar, Taluka : Shrirampur, District : Ahmednagar. .. Respondents.

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Mr. Shriniwas A. Kulkarni, Advocate, for the petitioner.

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Mr. K.M. Suryawanshi, Assistant Government Pleader, for respondent nos.1 to 3.

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(2) W.P. No. 3232 of 2014

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Respondent no.4 served (Absent).

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CORAM : B.P. DHARMADHIKARI & A.M. BADAR, JJ.

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DATE : 17TH NOVEMBER 2014

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COURT'S ORDER (Per B.P. Dharmadhikari, J.) :

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Heard Adv. Mr. S.A. Kulkarni for the petitioner, and learned AGP Mr. K.M. Suryawanshi for respondent nos.1 to 3. Nobody for respondent no.4 though served.

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The learned Assistant Government Pleader is seeking time of three weeks to file reply. Request is being strongly opposed by Adv. Mr. Kulkarni.

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We find that the land of the petitioner, roughly about 14 Acres, was acquired for respondent no.4 - Maharashtra State Farming Corporation. As the Corporation is not functioning completely, the lands are being returned to the original owners. Accordingly, the petitioner has received back about 4 Acres and balance land is still not made over to him.

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We find that the representations made by the petitioner on 168-2013, and thereafter on 31-8-2013, are still pending.

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In this situation, interest of justice can be met with, by directing the petitioner to hand over copies of both these representations to

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(3) W.P. No. 3232 of 2014

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the respondent no.2 - Divisional Commissioner, within a period of two weeks from today. Respondent no.2 shall take suitable decision upon said representations, within further period of three months, if necessary, after extending an opportunity of hearing to the petitioner.

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With these directions and keeping all rival contentions open, the Writ Petition is disposed of. No costs.

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( A.M. BADAR ) ( B.P. DHARMADHIKARI ) JUDGE JUDGE

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puranik / WP3232.14

Pundlik Haribhau Tambe v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Pundlik Haribhau Tambe v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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