Disputed Class-2 land conversion to Class-1 where records were unclear due to jurisdictional discrepancies. Court directed authorities to consider original 1977 records and granted 90 days for appropriate order.
Authority directed to consider original records and pass appropriate order within 90 days.
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913wp8468-23
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
913 WRIT PETITION NO.8468 OF 2023
KADUBA SHESHRAO TANGDE
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND
OTHERS
Advocate for Petitioner : Mr. Pokale Dnyaneshwar Bhaurao
AGP for Respondents State: Mr.P. K. Lakhotiya
CORAM: RAVINDRA V. GHUGE, &
Y. G. KHOBRAGADE, JJ.
DATE : 26th July, 2023
ORDER:
1. The request of the petitioner vide the representation dated 17.06.2022, is that the land allotted to his father was a Class-2 land and the same be converted into a Class-1 land.
We have perused certain documents on record which createan unclear picture, since a letter from the office of the Collector &
Deputy Director of Resettlement (Land), Aurangabad, dated 20.07.1977
makes a reference to Taluka Ambad, District Jalna, when Taluka Ambad
was in Aurangabad District and Jalna district was carved out on 1st
May 1981.
3. The Authorities, therefore, will have to consider the original record of 1977, without relying upon the records placed in this petition
by the petitioner.
Page 1 of 2
913wp8468-23
4. In view of the above, this petition is disposed off.
5. Let the District Collector, Jalna consider the representation of
the petitioner in the light of the original records available. We grant
time of 90 days to the said authority to complete this exercise and pass
appropriate order.
( Y. G. KHOBRAGADE, J. )
( RAVINDRA V. GHUGE, J. )
JPChavan
Page 2 of 2
3 issues framed by the court
Whether to entertain a writ petition seeking conversion of Class-2 allotted land to Class-1 when records are unclear due to administrative discrepancies.
Whether the petitioner should be directed to proceed with original records rather than representation-based records.
Whether to grant time to the concerned authority to consider the representation based on original records.
KADUBA SHESHRAO TANGDE
THE STATE OF MAHARASHTRA THROUGH THE SECRETARY
RAVINDRA V. GHUGE
Y. G. KHOBRAGADE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court