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Mohd Mohiyoddin Mohd Rashidoddin Thr Gpa Holder Mohd Saeed Mohd Yusuf and Another v. the Union of India Thr the Secretary and Others

Bombay HC8 Dec 2021WP/7968/2021

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking directions for timely consideration and decision of an application under the Administration of Evacuee Property Act, 1950, and representations filed by the petitioners. The Court directed the Deputy Custodian to issue notices, grant hearing opportunities, and decide the matter by 31/03/2022.

What did the court decide?

Direct respondent No.2 to issue notices, grant hearing, and decide the application under Section 7 of the Act on or before 31/03/2022.

Mohd Mohiyoddin Mohd Rashidoddin Thr Gpa Holder Mohd… — Landlord and Tenant | Bombay HC (2021)

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7968.21wp

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(1)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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912 WRIT PETITION NO.7968 OF 2021

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MOHDAMMAD MOHIYODDIN MOHD. RASHIDODDIN AND OTHERS, THR. GPA HOLDER MOHD. SAEED MOHD. YUSUF AND ANOTHER

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VERSUS

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THE UNION OF INDIA, THR. THE SECRETARY AND OTHERS

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Mr J. M. Murkute, Advocate for petitioners; Mr R. B. Bhosale, Advocate for respondent Nos.1 to 3

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CORAM : RAVINDRA V. GHUGE AND S. G. MEHARE, JJ.

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DATE : 8th December, 2021

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PER COURT:

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By this petition, the petitioners have put forth prayer clauses (B) and (C), as under :-

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“B) The respondent No.2 Deputy Custodian of Evacuee Property cum Collector Aurangabad may kindly be directed to consider and decide the application No.774/2016 filed u/s. 7 of the Administration of Evacuee Property Act, 1950 within stipulated time.

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C) The respondent No.2 the Collector Aurangabad may kindly be directed to consider and decide the representation field by the petitioners dated 02/08/2017, 17/07/2017, 18/12/2017, 14/09/2020 and also take action as per the letter dated 08/09/2020 issued by

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7968.21wp (2)

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Deputy Commissioner (Revenue) from the Office of Divisional Commissioner, Aurangabad.”

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2. There is no dispute that the District Collector, Aurangabad

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is the Deputy Custodian of evacuee properties falling under the Evacuee Property Department, Central Government, New Delhi.

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The petitioners are praying for a decision on their Application No.774/2016, filed under Section 7 of the Administration of Evacuee Properties Act, 1950.

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We find from the record that respondent No.2 had issued a notice for hearing on 21/09/2016 on the pending proceedings. He had also called for a report from respondent No.3. The Tahsildar, Aurangabad, has submitted a report to the Additional District Collector, dated 10/12/2019. The learned Advocate for the petitioners submits that thereafter, there has been no hearing.

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In view of the above, this petition is disposed off. We direct respondent No.2 to issue notices to the parties involved in the Proceedings registered as 774/2016, and by granting a reasonable opportunity of participation and hearing in the said proceedings,

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7968.21wp

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(3)

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decide the same as expeditiously as possible and preferably, on or before 31/03/2022.

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(S. G. MEHARE, J.) (RAVINDRA V. GHUGE, J.)

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sjk

Mohd Mohiyoddin Mohd Rashidoddin Thr Gpa Holder Mohd Saeed Mohd Yusuf and Another v. the Union of India Thr the Secretary and Others

Case brief

What is this about?

What did the court decide?

Mohd Mohiyoddin Mohd Rashidoddin Thr Gpa Holder Mohd Saeed Mohd Yusuf and Another v. the Union of India Thr the Secretary and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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