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2008 Supreme(Bom) 49

RANJANA DESAI, ROSHAN DALVI
Rama Narayan Mali – Appellant
Versus
Additional Collector, Thane – Respondent


Advocates:
Advocate appeared:
Mr.G.S.Godbole for Petitioner
Mrs. P.S. Cardozo, A.G.P for Respondent s 1,2 & 4

JUDGMENT

Smt. Roshan Dalvi, J.

1. These Petitions are filed by a partner of the Firm and the Firm itself. The issues involved in these Writ Petitions are the same and hence they are dealt together.

2. The Petitioners in both the Petitions have challenged the judgment of the Additional Commissioner, Konkan Division, Mumbai dated 27 th August, 1998, which is an order on a Review Application under Section 258 of the Maharasht ra Land Revenue Code, 1966 (MLRC) marked Exhibit- U to the Petition.

3. The Petitioner in Writ Petition No.6373 of 1999 is an adivasi and owns the immovable property under Gat No.150 admeasuring over 4 hectors out of which 2040 sq. meters of land (.20 gunthas) was brought into the partnership firm of the Petitioners in Writ Petition No.4522 of 1998 on 10th October, 1989 for establishing a Stone Crusher thereon. Both these parties shall be referred to as “Petitioner” . The facts and dates in Writ Petition No.6373 of 1999 need be first considered.

4. The Petitioner filed an application in the prescribed form before the Collector, Thane on 20 th September, 1989 Exhibit- A to the Petition, for conversion of the disputed land from agricultural use to






























































































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