Allowed

Shri. Ganesh Gajanan Palkar and Ors. v. the State of Maharashtra through Secretary, Revenue and Forest Dept. and Ors.

Bombay HC17 Sept 2014WP/8506/2014

Case brief

AI extract

What is this about?

This High Court Writ Petition directs the State Government to decide on the petitioners' proposal for land transfer approval under Section 36A of the Maharashtra Land Revenue Code, 1966, within two months. The court also mandates the District Collector to act on the subsequent order within two weeks, while explicitly disclaiming adjudication on the merits of the applications.

What did the court decide?

Directs State Government to decide on the proposal under Section 36A of M.L.R.C. within two months and District Collector to act within two weeks of receiving said order.

Shri. Ganesh Gajanan Palkar and Ors. Vs the State of… — Land Acquisition | Bombay HC (2014)

wp8506

ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION

¶5

WRIT PETITION NO.8506 OF 2014

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Ganesh Gajanan Palkar & Ors....Petitioners
vs.

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The State of Maharashtra & Ors....Respondents

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Mr.Suresh Sabrad for the Petitioners
Mr.V.S.Gokhale, AGP for the State.

¶9

CORAM : A.S.OKA, &
 G.S.KULKARNI,JJ.
DATE : SEPTEMBR 17,2014.

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P.C.

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. Not on board. Taken on board.

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1Heard the learned counsel for the petitioner
and the learned AGP for the respondent. This
petition will be governed by the order dated 20th
August 2014 passed by this Court in Writ Petition
No.7718 of 2014 as in the facts of the case, a
recommendation has been made by the Divisional
Commissioner to the State Government on the
Application of the petitioners under sub-section
(1) of section 36A of the Maharashtra Land
Revenue Code,1966. For the reasons recorded in
order dated 20th August 2014, we dispose of the
petition by passing the following order:

¶13

(I) The State Government shall take appropriate
decision on the proposal of the petitioners

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2 wp8506

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pending for grant of prior approval under clause
(b) of sub section (1) under section 36A of the
MaharashtraLandRevenueCode,1966as
expeditiously as possible and in any event within
a period of two months from today;

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(II) The order passed by the State Government on
the said proposal shall be forthwith communicated
to the District Collector;

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(III) After receiving the communication of the
order from the State Government, the District
Collector shall pass order on the applications
made by the petitioners within a period of two
weeks from the date on which order of the State
Government is communicated to the District
Collector;

¶18

(IV) We make it clear that we have made no
adjudication on the merits of the applications
made by the petitioners;

¶19

(V)Parties to act upon an authenticated copy of
this order.

¶20

(G.S.KULKARNI,J)

Shri. Ganesh Gajanan Palkar and Ors. v. the State of Maharashtra through Secretary, Revenue and Forest Dept. and Ors.

Case brief

What is this about?

What did the court decide?

Shri. Ganesh Gajanan Palkar and Ors. v. the State of Maharashtra through 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

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Parties & counsel

Coram

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