Disposed

Shri. Maruti Bala Mane v. the Principal Secretary, Revenue and Forest Dept and Ors.

Bombay HC6 Mar 2014WP/5690/2013

Case brief

AI extract

What is this about?

The High Court of Bombay, Appellate Side directed the District Collector, Kolhapur, to adjudicate the petitioner's grievance concerning the non-delivery of possession of allotted land within two months, without making adjudication on merits.

What did the court decide?

Direct the District Collector to adjudicate the petitioner's representation regarding land possession within two months.

Shri. Maruti Bala Mane Vs the Principal Secretary, Revenue… — Land Acquisition | Bombay HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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APPELLATE SIDE

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WRIT PETITION NO.5690 OF 2013

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Shri Maruti Bala Mane : Petitioner V/s. The Principal Secretary, Revenue and Forest Department, Mantralaya & Ors. : Respondents

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Mr.Prakash R. Suryawanshi i/b. Mr.G.M.Savagave for the Petitioner.

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Ms M.P.Thakur, Asstt. Govt. Pleader for the Respondents.

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CORAM : A.S. OKA & A.A. SAYED, JJ.

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DATE : MARCH 06, 2014.

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P.C.:

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Heard the learned Counsel for the Petitioner and the learned Asstt. Govt. Pleader for the Respondents.

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Notwithstanding the earlier order dated 29.11.2013, the learned Asstt. Govt. Pleader for the Respondents states that she has not received instructions to file a reply. Time to file a reply was again extended on 04.02.2014. She submits that the oral instruction received by her was to

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the effect that the allotment under the order 23.05.2012 has been wrongly

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made to the Petitioner.

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The grievance in the Petition is that though the land was allotted

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to the Petitioner vide order dated 23.05.2012 (exh.`C' to the Petition), the possession of the entire land has not been handed over to the Petitioner. The grievance of the Petitioner is noted by this Court in its order dated 29.11.2013.

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As on today, there is nothing placed on record to show that the order of allotment at exh.`C' is either modified or cancelled. Therefore, the District Collector will have to look into the grievance made by the Petitioner.

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Accordingly, we dispose of the Petition by passing the following order:

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O R D E R

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(i) We direct the Petitioner to appear before the District Collector, Kolhapur, on 28.03.2014 at 11.00 a.m. The Petitioner shall produce a copy of the representation dated 11.02.2013 (exh.`E' to the Petition) along with an authenticated copy of this order before the

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Collector on that date;

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(ii)The Collector shall dispose of the representation dated 11.2.2013 as

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expeditiously as possible and, in any event, within a period of two months from 28.03.2014;

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(iii) We make it clear that we have not made adjudication on merits in regard to the grievance made by the Petitioner;

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(iv) The Petition is disposed of in the above terms.

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(v) Parties to act on an authenticated copy of this order.

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(A.S. OKA, J.)

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(A.A. SAYED, J.)

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Shri. Maruti Bala Mane v. the Principal Secretary, Revenue and Forest Dept and Ors.

Case brief

What is this about?

What did the court decide?

Shri. Maruti Bala Mane v. the Principal Secretary, Revenue and Forest Dept and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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