In a brief order, the Division Bench of the Bombay High Court dismissed a writ petition challenging the validity of a Government Circular dated May 25, 2017.
Petition dismissed; circular ordered withdrawn by the State within four weeks; mutation entries to be restored.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Megha 904_wp_13416_2016.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.13416 OF 2016
The Satara District Cooperative Housing Society Federation Ltd. & …Petitioners Ors.
Versus
The State of Maharashtra & Ors. ...Respondents
Mr. V.S. Talkute for the Petitioners Mr. A.P. Vanarse, AGP for the Respondent-State. Mr. Siddesh Pilankar I/b. Mr. U.P. Warunjikar for the Respondent No.4.
CORAM : RANJIT MORE AND SMT. ANUJA PRABHUDESSAI, JJ.
DATED: 7th AUGUST, 2018.
P.C.:-
The Petitioner by filing this petition has challenged the constitutional validity of the Government Circular land /01 /2006/ Pra.Kra.12/J-1 dated 25th May, 2017.
Mr. Prakash Indalkar, Under Secretary, Revenue and Forests Department, Mantralaya, Mumbai, makes a statement that the circular which is impugned in the petition shall be withdrawn within a period of four weeks from today in view of the decision of this Court in Shri
Gurudatta Cooperative Housing Society Wadgaon Gupta and Ors.
Megha
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Megha 904_wp_13416_2016.doc
Vs. State of Maharashtra and Ors., Writ Petition No.6357 of 2013
decided on 28th July, 2016. He further submits that the mutation entries, which were changed on the basis of the said circular will be restored. Statement is accepted.
(SMT. ANUJA PRABHUDESSAI, J.)
(RANJIT MORE, J.)
Digitally signed MeghaShridhar by MeghaShridhar ParabDate: Parab 2018.08.14 15:28:22 +0530
Megha
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3 issues framed by the court
Whether the constitutional validity challenge to a Government Circular remains live after its voluntary withdrawal by the State Government.
Whether mutation entries changed based on the impugned circular require restoration.
Whether the grievance raised in the petition is redressed upon withdrawal of the circular.
Colour shows how this judgement treated each authority
Shri Gurudatta Cooperative Housing Society Wadgaon Gupta and Ors. Vs. State of Maharashtra and Ors.Distinguished¶13
Shekhar Gurudatta Cooperative Housing Society Wadgaon Gupta and Ors. Vs. State of Maharashtra and Ors., Writ Petition No.6357 of 2013
2 provisions across 2 enactments
The Satara District Cooperative Housing Society Federation Ltd.
The State of Maharashtra
Ranjit More
Anuja Prabhu Dessai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
