Dismissed

Shamshad Ahmed and Ors. v. the State of Maharashtra and Ors.

Bombay HC27 Jan 2015WP/4719/2014

Case brief

AI extract

What is this about?

In this criminal appellate jurisdiction writ petition challenging the execution of a transfer deed during lease renewal proceedings, the High Court of Bombay held the petition lacked criminality and merits, dismissing it while reserving opinions on substantive lease renewal matters.

What did the court decide?

The petition was dismissed; the Court expressly reserved its opinion on the lease renewal and no substantive relief was granted.

Shamshad Ahmed and Ors. Vs the State of Maharashtra and Ors. — Land Acquisition | Bombay HC (2015)

Sr.No. 36

WP 4719.14

SSK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 4719 OF 2014

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Shamshad Ahmed and ors. ….Petitioners versus State of Maharashtra and ors. ….Respondents

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Mr. R. A. Shaikh, advocate for the petitioners. Mr. K. V. Saste, APP for the State.

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Mr. Pratap Patil i/b. Mr. A. B. Ansari, advocate for respondent Nos.10, 11 and 12.

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Mr. T. G. Vora i/b. Mr.Sagar Kasar, advocate for the intervenors.

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CORAM : RANJIT MORE & A. S. GADKARI, JJ.

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DATED : 27^th JANUARY, 2015.

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P.C.:

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The entire petition proceeds on the basis of report dated 14^th November, 2014 of the Collector and District Magistrate, Mumbai City made to the Principal Secretary (Revenue). Perusal of the report shows that the Collector has prima facie found that during the pendency of the case, one Kasliwal executed deed of transfer in favour of respondent Nos. 10, 11 and 12. Thus, the main allegations seems to be that the deed of transfer was executed during the pendency of the proceedings for renewal of the lease deed of the land in question. In the said report, the Collector has also sought Government's order regarding renewal of lease in respect of land in question. The contention seems to be that execution of deed of transfer during the pendency of the said

Shubhada S Kadam 1/2

Sr.No. 36

WP 4719.14

proceedings for renewal of lease of the land in question is illegal. If same is illegal, then, an appropriate action will be initiated against the transferees i.e. respondent Nos. 10 to 12. However, we do not find any criminality in the said action. The petition is devoid of any merits and the same is, accordingly, dismissed.

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It is expressly made clear that this order should not be construed as expression of any opinion on merits. So far as renewal of lease of the land in question is concerned, the Collector/Government shall take appropriate decision in accordance with law. All rights and contentions in this regard are kept open.

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(A. S. GADKARI, J.) (RANJIT MORE, J.)

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Shubhada S Kadam 2/2

Shamshad Ahmed and Ors. v. the State of Maharashtra and Ors.

Case brief

What is this about?

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Shamshad Ahmed and Ors. v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

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