as.wp4605.21.doc

Ajay

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 4605 OF 2021

Rambhau Mahadeo Tayade

... Petitioner

Versus

The State of Maharashtra,

Through Principal Secretary,

Revenue Department & Ors.

... Respondents



Mr. Sandesh D. Patil i/by Prithviraj S. Gole, Advocate for the Petitioner.



Ms. Shruti D. Vyas, 'B' Panel Counsel for the State.



Mr. Karl Tamboly i/by G.D. Talreja & Associates for Respondent Nos. 4

& 5.

...................

CORAM : S. J. KATHAWALLA &

MILIND N. JADHAV, JJ.

DATE : 25 AUGUST, 2021.

P.C.:

1.

By the present Writ Petition, the Petitioner has prayed for the

following reliefs:-

"a)

By an appropriate writ, direction, order of this Hon'ble Court, the order

dated 27/07/2021 passed by the Learned Collector, Thane (which is

annexed to the present petition at Exh. "R" to the present petition) be

quashed and set aside;

b)

By an appropriate writ, direction, order of this Hon'ble Court, the order

dated 14/02/2018 passed by the Learned Commissioner, Konkan Division,

Mumbai (which is annexed to the present petition at Exh."B" to the

present petition) be quashed and set aside;

c)

By an appropriate writ, direction, order of this Hon'ble Court the land

bearing Survey No. 99/2 admeasuring at about 19589.67 sq.mtr situated at

village Kolshet, Tal & Dist Thane be forthwith forfeited by the Respondent

no.3 and order be passed accordingly;

d)

By an appropriate writ, direction, order of this Hon'ble Court the

Divisional Commissioner Konkan Division, Learned District Collector

Thane and the respondent no. 4 and 5 be directed to forthwith allot the land

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SWAROOP

SHARAD

PHADKE

Digitally signed by

SWAROOP

SHARAD PHADKE

Date: 2021.09.24

14:41:21 +0530

as.wp4605.21.doc

to the petitioner and his institution for the purpose of the building

BudhaVihar on the said property;

e)

By an appropriate writ, direction, order of this Hon'ble Court the

Respondent State be directed to forthwith decide the applications /

representations dated 27/11/2020, 04/12/2020 and 09/12/2020 made by

the petitioner (which are annexed at Exhibit "M" (Colly) to the present

petition) afresh and exercise his power under section 257 of the

Maharashtra Land Revenue Code for setting aside the order dated

14/02/2018 passed by the Additional Commissioner Konkan Division,

Mumbai (which is annexed to the present petition at Exhibit "B" to the

present petition);

f)

By an appropriate writ, direction, order of this Hon'ble Court the order

dated 28/03/2019 passed by the Respondent no.2 (which is annexed at

Exhibit "E" to the present petition) thereby directing the private

respondent to pay an amount of Rs.13,90,86,647 be quashed and set aside;"

2.

It will be apposite to briefly state the relevant facts which are as

under:-

2.1. The Petitioner claims to be a social worker residing in Thane. The

subject land involved in the present petition is a portion of survey No.99/2,

situated at village Kolshet, Dist. Thane (for short “the said land”). The

total area of survey No.99/2 is 105550 sq. mtrs. Respondent No.5 purchased

survey No.99/2 by a registered conveyance dated 14.07.1972 from M/s.

Blenden Evomite Company Limited. The District Collector granted

permission dated 06.07.1992 for the sale of the said land. Thereafter,

Mutation entry No. 2716 was efected in the name of Respondent No.5 in the

revenue record for survey No.99/2.

2.2

In 2017 Respondent No.5 Company transferred a total of

19589.67 sq. mtrs in Survey No.99/2 to Respondent No.4 by sale. The Sub

Divisional Ofcer, Thane (for short “SDO”) on the direction of Respondent

No.2 Collector initiated the proceedings after calling for the report from the

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Circle Inspector as well as the Tahsildar in respect of transfer of the said land

and after conducting inquiry by order dated 05.10.2017 concluded that

Respondent No.5 had not obtained prior permission from the State

Government and t