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2021 Supreme(Bom) 226

S.J.KATHAWALLA, PRITHVIRAJ K.CHAVAN
Kisan Songya Bangara – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. N.V. Walawalkar, Senior Advocate alongwith Mr. Surel Shah and Mr. Amey Sawant, adv
For the Respondent: Mr. Suresh Sabrad alongwith Ms. Neha Parte, Mr. S.B. Kalel, AGP for the State.

JUDGMENT :

(PER S.J. KATHAWALLA, J.) :

1. By the above Writ Petition, the Petitioner interalia seeks the following relief :

    “(b) That by an appropriate writ, order or direction, this Hon’ble Court be pleased to quash and set aside the letter dated 05.11.2020 issued by the Respondent No.2 Collector, Thane thereby refusing to grant prior approval u/s. 36A of the Maharashtra Land Revenue Code, 1966 as well as the letter dated 22.09.2020 bearing reference No. Tribal- 2720/264/pra.kr.91/J-4 issued by the Respondent No.1 herein to the Respondent No.2 thereby intimating that prior approval u/s. 36A of the Maharashtra Land Revenue Code, 1966 cannot be granted to the Petitioner and further be pleased to direct the Respondent Nos.1 and 2 to grant its prior approval u/s. 36A of the Maharashtra Land Revenue Code, 1966 for disposing of his land bearing Survey No.47/1/A/1, totally admeasuring 1 Hectare 40.2 Ares situate at Mouje Valshind, Taluka Bhiwandi, District Thane.”

2. By consent of the Parties, the above Petition is taken up for final hearing at the stage of admission.

3. The brief facts in the matter are set out hereunder :

3.1. According to the Petitioner, he and his other family members are

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