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2021 Supreme(Bom) 631

DIPANKAR DATTA, PUSHPA V.GANEDIWALA
Dattatray – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Shri A.P. Tathod, Advocate, for the Appellant / Shri V.A. Thakare, A.G.P., Shri P.N. Kothari, Advocate, for the Respondent.

JUDGMENT

Dipankar Datta, CJ. - Rule. Rule is made returnable forthwith. Heard finally by consent of learned counsel appearing for the parties.

2. Shri VA. Thakare, learned A.G.R, waives notice on behalf of respondent Nos. 1 to 4.

3. Shri EN. Kothari, learned counsel, waives notice on behalf of respondent No.5.

4. In this petition, the petitioners have sought declaration that as the surplus land acquisition proceedings vide ULC Case No. 2715/1976 initiated by the respondents under the provisions of The Urban Land (Ceiling and Regulation) Act, 1976 (for short "ULC Act, 1976") is lapsed, the petitioners are entitled to continue with their possession in respect of lands bearing Survey Nos. 27/1, 26/1 and 26/3, situated at Mouza Gorewada, Tah. and District Nagpur.

5. It is stated that the father of the petitioners was the original owner and in possession of the agricultural lands as stated above. The father of the petitioners expired long back, and the petitioners inherited the subject lands, being his legal representatives.

6. The respondents initiated proceedings under the provisions of the ULC Act, 1976. The Competent Authority under the ULC Act, 1976 directed the father of the petitioners

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