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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION

WRIT PETITION NO. 2353/2021

Balasaheb Baburao Takte & Ors.

….. Petitioners

Vs.

State of Maharashtra & Ors.

….. Respondents

Mr. Nitin Deshpande a/w. Kanchan Phatak a/w. Siddharth S.

Chpalgaonkar for the Petitioners

Smt. S. Bhende, AGP for the State

CORAM:

K.K.TATED &

RIYAZ I. CHAGLA, JJ.

DATED :

JULY 1, 2021

(VIDEO CONFERENCING)

P.C.

1

Heard.

Rule.

Rule is made returnable forthwith, by consent of the

parties.

2

By this petition under Article 226 of the Constitution

of India the Petitioners are seeking direction against the

Respondents to delete the entry “reserved for the Project

Affected Person” from the other rights’ column of the

revenue records in respect of the following properties:

Sr. No.

Gat No.

Mutation

Entry No.

Area acquired for

rehabilitation

H – R

1

1920/1

1858

0 H 44 R

2

1920/2

1856

0 H 44 R

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3

1920/3

1857

0 H 44 R

4

1920/4

1589

0 H 44 R

5

1920/5

1855

0 H 42 R

Total

2 H 18 R

3

The learned counsel for the Petitioners submits that

neither the Respondents had acquired their property nor

paid any compensation in respect of the same. He submits

that because of the entry in 7/12 extract, it is difficult for

them to deal with their property. Hence, the Writ Petition.

4

On the other hand,the learned AGP for the State

submits that the Government of Maharashtra, by

Government Resolution dated 05.08.2019 constituted a

Committee under the Chairmanship of the Collector to deal

with such type of matters. Therefore, the Petitioners can be

directed to make appropriate application before the

concerned Collector for the same cause of action. Therefore,

there is no question of entertaining the present Writ

Petition.

5

Considering the submissions made by the learned

counsel for the Petitioners and as the Government of

Maharashtra has already issued Government Resolution

dated 05.08.2019 constituting the Committee under the

Chairmanship of Collector to deal with such type of matters,

the petition can be disposed of with the following directions:

a.

The Petitioners are permitted to file an

appropriate application before the concerned

Committee as per Government Resolution dated

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05.08.2019 for deleting the entries from 7/12 extract

from the following properties:

Sr. No.

Gat No.

Mutation

Entry No.

Area acquired for

rehabilitation

H – R

1

1920/1

1858

0 H 44 R

2

1920/2

1856

0 H 44 R

3

1920/3

1857

0 H 44 R

4

1920/4

1589

0 H 44 R

5

1920/5

1855

0 H 42 R

Total

2 H 18 R

b.

If such an application is filed, the Committee is

directed to decide the same as early as possible, but in

any case, within 12 weeks from the date of application.

c.

If the decision is not taken by the Committee

within 12 weeks, the concerned Revenue Authority is

directed to delete the said entry from 7/12 extract of

the Petitioners.

d.

The parties to act on an authenticated copy of

this order.

e.

The Writ Petition stands disposed of in terms of

the above.

f.

Rule is made absolute accordingly.

g.

No order as to costs.

(RIYAZ I. CHAGLA, J.)

(K.K.TATED, J.)

Basavraj G. Patil

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