32. WP 4960 of 2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 4960 OF 2021

(Sr. No. 32)

Sayyad Mohammad Javed

...Petitioner

vs.

The State of Maharashtra and Ors.

...Respondents

WITH

WRIT PETITION NO. 4961 OF 2021

(Sr. No. 33)

Parag Shripatrao Mate and Anr.

...Petitioners

vs.

The State of Maharashtra and Ors.

...Respondents

WITH

WRIT PETITION (ST.) NO. 14125 OF 2021

Tanaji Baban Parkhi

…Petitioner

Vs.

The State of Maharashtra and Ors.

...Respondents

Mr. Sandeep D. Shinde i/by Ergo Juris, for the Petitioner

Mr. R. S. Pawar – AGP for the Respondent-State in WP 4960 of 2021

Ms. M. S. Bane – AGP for the Respondent-State in WP 4961 of 2021

R. M. Shinde – AGP for the Respondent-State in WP(ST) 14125 of 2021

CORAM :

PRASANNA B. VARALE &

S. M. MODAK, JJ.

DATE :

18^th NOVEMBER, 2021

PER COURT:-

.

Writ Petition (ST) No 14125 of 2021 not on board. Taken on

Seema

1/5

SEEMA

KSHITIJ

YELKAR

Digitally signed

by SEEMA

KSHITIJ

YELKAR

Date:

2021.12.04

11:01:27 +0530

32. WP 4960 of 2021.doc

board.

2.

At the outset learned counsel for the Petitioner submits that the

petition bearing Writ Petition (ST) No. 14125 of 2021 also involves

identical issue and as such Writ Petition (ST) No. 14125 of 2021 be

tagged alongwith present Writ Petitions.

3.

Considering the limited issue involved in this Writ Petitions, by

consent of both the sides we have taken up these Writ petitions for final

hearing at the admission stage itself. Admit.

4.

Respondent Nos. 2 to 6 are the executives of Respondent No. 1-

State. There is no private Respondent. Accordingly, we have heard the

learned counsel for the Petitioners and learned AGP for all the

Respondents.

5.

The short issue involved in these petitions and it is for how much

duration the agricultural land belonging to the Petitioners can be

subject to restrictions? The agricultural land is situated at Mauje Maan,

Taluka Mulshi, District Pune and its revenue Gat No. 70/1,

admeasuring 01 Hectares 81 Ares land situated ad Mauje Man, Taluka

Mulshi, District Pune, in Writ Petition No. 4960 of 2021 and and its

revenue Gat No. 165/1, admeasuring 2 H 15 Ares land situated ad

Mauje Maan, Taluka Mulshi, District Pune in Writ Petition No. 4961 of

2021. There are names of other persons mentioned on 7/12 extract.

But they are not the Petitioners.

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32. WP 4960 of 2021.doc

6.

The Respondent No. 1-State has issued notification thereby

reserving certain lands at village Mauje Maan, Taluka Mulshi, District

Pune being the lands reserved for the purpose of acquiring the land for

rehabilitating the project affected persons of Kasarsai Project. Amongst

several lands, the land described above is one of the lands. Thus,

notification was issued in the year 1992 and 1999. The revenue officers

have given effect to the said notification by making an entry in other

right column of 7/12 extract as land reserved for the rehabilitating

project affected persons of Kasarsai Project. Necessary mutation entries

were done in the year 1992 and 1999 respectively.

7.

The Petitioners come with grievance that in spite of such entries,

the Respondents have not taken further steps in acquiring the land for

the purpose for which it was reserved. It continues till 2021. That is

why these Writ petitions for issuing necessary directions to the

Respondents to remove that remark from other right column of 7/12

extract. There is a Government Resolution dated 5^th August 2019

governing the field. It lays down the procedure for withdrawing the

restrictions imposed in respect of dealing with the land reserved for the

project affected person. According to the Petitioners in respect of this

Government Resolution for the last two years, no steps have been

taken.

8.

When we are heard learned AGP, with limited instructions

available at his disposal, he has not come with a submission that all

these years any steps are taken for acquiring lands in question.

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32. WP 4960 of 2021.doc

9.

As per the said