Allowed

Sanjay Anaji Alias Ananda Jadhav v. Collector and Deputy Director for Rehabilitation, Kolhapur District and Ors.

Bombay HC12 Jan 2024WP/7113/2022

Case brief

AI extract

What is this about?

Writ petition challenging land allotment order. High Court found order passed without application of mind. Petition allowed; impugned order set aside with direction to pass fresh order after issuing notice to petitioner.

What did the court decide?

Impugned order dated 26 May 2022 set aside with direction to issue notice to petitioner and pass fresh order after considering all materials.

Sanjay Anaji Alias Ananda Jadhav Vs Collector… — Pension and Retirement Benefits | Bombay HC (2024)

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KAWRE KIRAN KALYAN Digitally signed byKAWRE KIRAN KALYAN Date: 2024.01.17 11:35:02 +0530

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926-WP-7113-2022.DOC

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 7113 OF 2022

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Sanjay Anaji Alias AnandaJadhav

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… Petitioner

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Versus

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Collector and Deputy Director for Rehabilitation, …Respondents Kolhapur District & Ors.

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Mr. Pradeep D. Dalvi a/w Ms. Priya Dalvi, for the Petitioner. Mr. Sachin Kankal, AGP for State.

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_______________________ CORAM: G. S. KULKARNI & FIRDOSH P. POONIWALLA, JJ. DATED: 12 January, 2024

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P.C.

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We had heard this petition yesterday for sometime. It was adjourned to enable Mr. Kankal to take instructions in regard to the nature of the impugned order as passed by the Deputy Collector (Rehabilitation) Kolhapur. The impugned order was challenged on the ground that the land admeasuring 81Are in Gat No. 392 B at village Khochi is being taken away from the petitioner on the ground that the petitioner was already allotted the land in Udgaon admeasuring 81Are in Gat No.294. The case of the petitioner is that the impugned order is passed without application of mind inasmuch as, the land at Udgaon was never allotted to the petitioner. We find much substance in the contentions as urged on behalf of the petitioner. It prima facie appears that

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the order is passed without application of mind.

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Page 1 of 2 12 January, 2024

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Kiran Kawre

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926-WP-7113-2022.DOC

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Mr. Kankal has instructions that the concerned officer will pass a fresh appropriate order taking into consideration all materials which are available on the record of the Government as also which may be called upon to be furnished by the petitioner.

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In the aforesaid circumstances, we are of the opinion that it is in the interest of justice that the petition be allowed. It is accordingly allowed by setting aside the impugned order dated 26 May 2022 (Exhibit A page 15) with a further direction that in the event the Deputy Collector (Rehabilitation) intends to pass a fresh appropriate order, a notice be issued to the petitioner and after considering all materials, pass an order in accordance with law.

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All contentions of the parties are expressly kept open.

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Disposed of in the above terms. No costs.

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(FIRDOSH P. POONIWALLA, J.) (G. S. KULKARNI , J.)

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Page 2 of 2 12 January, 2024

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Kiran Kawre

Sanjay Anaji Alias Ananda Jadhav v. Collector and Deputy Director for Rehabilitation, Kolhapur District and Ors.

Case brief

What is this about?

What did the court decide?

Sanjay Anaji Alias Ananda Jadhav v. Collector and Deputy Director for Rehabilitation, Kolhapur District and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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