Disposed¶20

Laxman Vyankatesh Kulkarni and Anr. v. State of Maharashtra Principal Sec. Dept of Planning and Ors.

Bombay HC14 Jan 2025WP/6624/2024

Case brief

AI extract

What is this about?

Well sanction; GR dated 04 November 2022; Class-2 land condition for construction of wells; Mahatma Gandhi Rashtriya Gramin Rojgarhami Yojna, Nagpur; impugned communication dated 6 October 2020 by Assistant Commissioner; corrective/clarificatory order dated 8 January 2025 by Planning Department, Government of Maharashtra; respondent no. 3 stand; Bombay High Court Writ Petition No. 6624 of 2024; petition disposed of as relief granted by State clarification.

What did the court decide?

Relief afforded through the State Government's clarificatory order dated 8 January 2025 permitting construction of wells in Class-2 land; petition disposed of as further adjudication not called for. ¶20

Laxman Vyankatesh Kulkarni and Anr. vs State of Maharashtra Principal Sec. Dept of Planning and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Relief afforded through the State Government's clarificatory order dated 8 January 2025 permitting construction of wells in Class-2 land; petition disposed of as further adjudication not called for.

¶20

Issue for consideration

Whether the respondents should be directed to give the petitioners the benefit of the GR dated 04 November 2022 and sanction a well to them within 15 days from the date of application. +1 more

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Ratio / Principle

The clarification dated 8 January 2025 issued by the State Government itself granted relief to the petitioner; accordingly, further adjudication of the petition is not called for, considering the stand taken on behalf of respondent no. 3.

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Key takeaways

Clause 1 of the impugned communication dated 6 October 2020 having been clarified by the State Government so as to permit construction of wells in Class-2 land, the grievance regarding the Class-2 land condition stands addressed.ratio¶17

Detailed headnote1 paragraphs

Bombay High Court (G. S. Kulkarni & Advait M. Sethna, JJ.) disposed of Writ Petition No. 6624 of 2024 filed by Laxman Vyankatesh Kulkarni and another, which sought (a) direction to the respondents to give benefit of the GR dated 04 November 2022 and sanction a 'well' within 15 days, and (b) interim consideration of the 'well' proposal on its own merits without the condition of land being Class 2 land. During pendency, counsel for respondent nos. 4-6 placed on record a corrective/clarificatory order dated 8 January 2025 issued by the Planning Department of the State Government, clarifying clause 1 of the impugned communication dated 6 October 2020 issued by the Assistant Commissioner, Commissionerate, Mahatma Gandhi Rashtriya Gramin Rojgarhami Yojna, Nagpur, so as to permit construction of wells in Class-2 land. Holding that the State's clarification itself granted the relief sought, and considering the stand of respondent no. 3, the Court found further adjudication unnecessary and disposed of the petition.

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13-WP-6624-2024 (C).doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 6624 OF 2024

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Laxman Vyankatesh Kulkarni And Anr ...Petitioners Versus State Of Maharashtra Principal Sec. Dept Of Planning And Ors ...Respondents

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Adv. Bhushan Raut a/w Vipul Patil, for the Petitioner. Adv. T.J. Kapre, for the Respondent Nos. 1&3- AGP- State. Adv. Priyanka Chavan, for the Respondent Nos. 4 to 6.

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CORAM : G. S. KULKARNI & ADVAIT M. SETHNA, JJ.

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DATE : 14 JANUARY 2025

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P.C.:

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This petition is filed praying for the substantive relief:-

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“(a) This Hon'ble Court may, by way of appropriate Writ, order or direction, direct the respondents to give benefit of the GR dated 04 November 2022 annexed at EXHIBIT C and sanction well to the petitioners within 15 Days from the date of application.

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(b) During the Pendency of this Petition; Respondents may be directed to accept and decide the proposal on its own merits within 15 days, for 'well' by present Petitioners without subscribing to the arbitrary and unreasonable condition of land being Class 2 land”

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The learned counsel for respondent nos. 4, 5 and 6 has placed on record

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the corrective/clarificatory order dated 8 January 2025 issued by the Planning

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Page 1 of 2

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Mayur Adane, PA

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13-WP-6624-2024 (C).doc

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Department of the State Government whereby clause 1 of the impugned communication dated 6 October 2020 issued by the Assistant Commissioner of the Commissionerate, Mahatma Gandhi Rashtriya Gramin Rojgarhami Yojna, Nagpur, Maharashtra has been clarified so as to permit construction of wells in Class- 2 land.

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The notification is taken on record, copy of the same is also served on the advocate for the petitioner.

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In this view of the matter, clarification dated 8 January 2025 issued by the State Government itself has granted relief to the petitioner, accordingly, further adjudication of the petitioner is not called for, considering the stand taken on behalf of respondent no. 3.

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Disposed of.

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[ADVAIT M. SETHNA, J.] [G. S. KULKARNI, J.]

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Page 2 of 2

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Mayur Adane, PA

Laxman Vyankatesh Kulkarni and Anr. v. State of Maharashtra Principal Sec. Dept of Planning and Ors.

Case brief

What is this about?

What did the court decide?

Laxman Vyankatesh Kulkarni and Anr. v. State of Maharashtra Principal Sec. Dept of Planning and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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