Dismissed

Sahyadri Bahujan Vidya Prasarak Samaj, Sangamner v. the State of Maharashtra and Others

Bombay HC21 Aug 2015WP/3402/2014

Case brief

AI extract

What is this about?

The High Court set aside impugned orders refusing allotment of land to the petitioner Society. It held that authorities failed to consider Sections 20 and 31 of the Land Revenue Code, 1966, and relevant Rules. The matter was remanded to the State for deciding on merits.

What did the court decide?

Impugned orders set aside; cases remanded to the State of Maharashtra to decide applications on merits considering relevant statutory provisions.

Sahyadri Bahujan Vidya Prasarak Samaj, Sangamner Vs the… — Land Acquisition | Bombay HC (2015)

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WP 3407.2014 +2.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO. 3407 OF 2014

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Versus

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1. The State of Maharashtra, Through its Secretary, Revenue and Forest Department, Mantralaya, Mumbai 400 032.

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The Divisional Commissioner of Revenue, Nashik Division, Nashik.

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The Collector, Ahmednagar.

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The Gram Panchayat, Jawalekalag, Tq. Sangmner, Dist. Ahmednagar. … Respondents

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WITH

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WRIT PETITION NO. 3402 OF 2014

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Versus

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The State of Maharashtra, Through its Secretary, Revenue and Forest Department, Mantralaya, Mumbai 400 032.

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The Divisional Commissioner of Revenue, Nashik Division, Nashik.

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2 WP 3407.2014 +2.odt

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The Collector, Ahmednagar.

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The Gram Panchayat, Mandve (Bk.), Tq. Sangmner, Dist. Ahmednagar. … Respondents

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WITH

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WRIT PETITION NO. 3406 OF 2014

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Sahyadri Bahujan Vidya Prasarak Samaj, Sangamner, Through its Secretary Prataprao s/o Jayawantrao More, Age 76 years, Occu. Agril. & Secretary, R/o. Wadgaonpan, Tq. Sangamner, Dist. Ahmednagar. … Petitioner Versus 1. The State of Maharashtra, Through its Secretary, Revenue and Forest Department, Mantralaya, Mumbai 400 032. 2. The Divisional Commissioner of Revenue, Nashik Division, Nashik. 3. The Collector, Ahmednagar. 4. The Gram Panchayat, Ajampur (Talegaon Dighe), Tq. Sangmner, Dist. Ahmednagar. … Respondents ….. Advocate for Petitioner : Mr. S.B. Talekar And U.R. Awate AGP for Respondents 1-3 : Mrs. S.A.Dhumal Advocate for Respondent 4 : Mr. S.T.Shelke

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... CORAM : A. V. NIRGUDE AND V. K. JADHAV, JJ.

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DATED : 21^st AUGUST, 2015

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ORAL JUDGMENT :- (Per A.V.Nirgude, J.)

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Heard.

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3 WP 3407.2014 +2.odt

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Rule. Rule made returnable forthwith. With the consent of the parties, taken up for final hearing.

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All these writ petitions can be disposed of by following order.

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The impugned orders refusing allotment of lands to the petitioner Society appears to be passed solely on the basis the Government Resolution dated 12.7.2011. While passing this impugned order, apparently the Authorities did not take into account the provisions of Sections 20 and 31 of Land Revenue Code, 1966 read with Maharashtra Land Revenue (Disposal of Government Lands) Rules, 1975. All these provisions are still in force and apparently would enable the State of Maharashtra to consider the applications in perspective of the provisions. We, therefore, think it necessary to set aside the impugned orders and remand the cases back to the State of Maharashtra for deciding the applications on merits and keeping in mind the provisions referred to above and Rule 6 and 7 of the Rules.

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Rule is accordingly made absolute in above terms. Writ Petitions accordingly disposed of. No costs.

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( V.K. JADHAV, J. ) ( A.V. NIRGUDE, J. )

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aaa/-

Sahyadri Bahujan Vidya Prasarak Samaj, Sangamner v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Sahyadri Bahujan Vidya Prasarak Samaj, Sangamner v. the State of Maharashtra and Others

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

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