Disposed

Smt. Urmilaben Hasmukh Visavadiya and Ors. v. the State of Maharashtra through Secretary and Ors.

Bombay HC25 Feb 2015WP/2036/2015

Case brief

AI extract

What is this about?

This court disposed of a writ petition challenging the State Government's failure to decide a pending proposal for prior approval under Section 36A(1)(b) of the Maharashtra Land Revenue Code, 1966. The court directed the State Government to decide the proposal within three months and communicated orders to the District Collector.

What did the court decide?

The State Government to take a decision on the pending proposal within three months and communicate the order to the District Collector within one week.

Smt. Urmilaben Hasmukh Visavadiya and Ors. Vs the… — Writ and Judicial Review | Bombay HC (2015)

ash

wp-2036.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2036 OF 2015

¶5

Smt. Urmilaben Hasmukh Visavadiya and Others.

¶6

.. Petitioners

¶7

Vs The State of Maharashtra and Others. .. Respondents

¶8

Shri Suresh M. Sabrad for the Petitioners. Shri V.S. Gokhale, AGP for the Respondents.

¶9

CORAM : A.S. OKA & A.K.MENON, JJ DATED : 25TH FEBRUARY 2015

¶10

P.C.

¶11

Not on board. Taken on board.

¶12

Heard the learned counsel appearing for the Petitioners and the learned AGP for the Respondents.

¶13

The learned counsel appearing for the Petitioners states that the proposal received by the State Government on 23^rd October 2013 (Page 203) is still kept pending. He invited our attention to various orders passed by this Court including the order dated 10^th October 2013 passed in Writ Petition No.8744 of 2014 and other connected matters.

¶14

The learned AGP has no instructions. We accept the statement made by the learned counsel appearing for the Petitioners

ash

wp-2036.15

that the proposal is still pending with the State Government.

¶19

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

¶20

ORDER :

¶21

(a) The State Government shall take appropriate decision on the proposal of the Petitioners pending for grant of prior approval under Clause (b) of Sub-Section (1) of Section 36A of the Maharashtra Land Revenue Code, 1966, as expeditiously as possible and in any event, within a period of three months from today;

¶22

(b) The order passed by the State Government on the said proposal shall be forthwith communicated to the District Collector within a period of one week from the date of passing the order;

¶23

(c) After receiving the communication of the order from the State Government, the District Collector shall pass orders on the application of the Petitioners in accordance with law preferably within a period of one month from the date on which the orders of the State

¶24

Government are communicated to him;

ash

wp-2036.15

(d) We dispose of the Petition in terms of the above

¶29

directions.

¶30

(A.K.MENON, J)

¶31

( A.S. OKA, J )

Smt. Urmilaben Hasmukh Visavadiya and Ors. v. the State of Maharashtra through Secretary and Ors.

Case brief

What is this about?

What did the court decide?

Smt. Urmilaben Hasmukh Visavadiya and Ors. v. the State of Maharashtra through Secretary and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Lund Carsten Vs the State of Maharashtra and Ors.

Sarpanch, Group Gram Panchayat Sai Vs State of Maharashtra and Ors.

Solapur District Labour Societies Co-Operative Federation Ltd, Solapur, through Secretray Vs the State of Maharashtra, through Dept of Social Justice and Special Assistance and Ors.

Brashtachar Virodhi Jan Andolan Nyas Maharashtra State, through President, Liyakat Ali B. Shaikh Vs the State of Maharashtra, through Secretary, Food Civil Supply and Consumer Protection Dept and Ors.

Seth Hirachand Mutha Shaikshanik Trust Kalyan and Anr. Vs the State of Maharashtra and Anr.

Shabbir Ahmed Haji Raj Mohd and Ors. Vs the State of Maharashtra, through Urban Development Dept and Ors.