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2023 Supreme(Bom) 1490

SANDEEP V. MARNE
Hanumant Baburao Neharkar – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Uday B. Nighot.
For the Respondents: P.B. Shah, K.P. Shah, S.S. Bhende.

JUDGMENT :

SANDEEP V. MARNE, J.

1. Rule. With the consent of the learned Counsel for parties, Rule is made returnable forthwith.

2. By this Petition, Petitioners challenge the order dated 10 April 2018 passed by the Minister (Revenue) in Revision Application filed by the Respondent No. 5. By the order, the learned Minister has set aside the orders passed by the Additional Commissioner, Pune, dated 10 July 2017 and Additional Collector, Pune dated 5 February 2015. The Additional Collector, by order dated 5 February 2015, had directed corrections in the order of allotment dated 25 January 1988 to the extent of the names of the allottees. In other words, the alternate land which was earlier allotted in the name of the Respondent No. 5, is now shown to have been allotted in the joint names of Petitioners and the Respondent No. 5. Aggrieved by the Additional Collector’s decision, the Respondent No. 5 filed Appeal before the Additional Commissioner, which was rejected. He filed Revision before the Minister (Revenue), who has allowed Revision and has set aside the orders passed by the Additional Collector and the Additional Commissioner. The net result of order passed by the learned Minister

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