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2017 Supreme(Bom) 17

R.M.SAVANT
Niketan Land and Estate Pvt. Ltd. – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. G S Godbole a/w Mr. Shailendra S Kanetkar
For the Respondent: Mr. A B Vagyani, Government Pleader, a/w Ms. Tintima Hazarika

JUDGMENT :

1. Rule with the consent of the learned counsel for the parties made returnable forthwith and heard.

2. The writ jurisdiction of this Court is invoked against the order dated 24/02/2010 passed by the Respondent No.2 i.e. the Collector, Nashik by which order the application filed by the predecessor of the Petitioner for grant of permission to transfer the land and for its conversion from agricultural to nonagricultural came to be allowed on the terms and conditions mentioned therein. The terms and conditions mentioned in the impugned order entail the payment of unearned income to the State Government, as also the condition that the land in question would continue to remain as Occupancy Class II land. The Petitioner is principally aggrieved by the aforesaid condition mentioned in the impugned order.

3. The factual matrix involved in the above Petition can in brief be stated thus :

The subject matter of the application filed by one Namdeo Eknath Bankar was the land bearing Survey No.836 at Nashik. The said land was allotted in the year 1949 by the State Government to the father of the said Namdeo Bankar on new and impartible tenure on permanent grant basis. The father of the sa
































































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