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HIGH COURT OF BOMBAY
BAPU SHANKAR DIKHE AND ANOTHER – Appellant
Versus
THE STATE OF MAHARASHTRA AND OTHERS – Respondent
PIL 25/2019
1 pil-25.19_wt_wp3180.21_j_.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO.25 OF 2019
1.
Bapu Shankar Dighe
)
Age 46 years, Occu. Agri.
)
R/o Dhanore, Tq. Rahuri,
)
Dist. Ahmednagar
)
2.
Shri Dadasaheb Kusabapu Pawar
)
Age 40 years, Occu. Agri.
)
R/o Pawar Wasti, Kolhar Road
)
Tambhere, Tq. Rahuri,
)
Dist. Ahmednagar
)..
Petitioners
Versus
1.
The State of Maharashtra
)
Through the Principal Secretary
)
Revenue & Forest Department,
)
Mantralaya, Mumbai -32.
)
2.
The Hon’ble State Minister
)
Revenue and Forest Department
)
Mantralaya, Mumbai -32.
)
3.
The Divisional Commissioner
)
Nashik Division, Nashik.
)
4.
The Collector, Ahmednagar
)
Dist. Ahmednagar
)
2 pil-25.19_wt_wp3180.21_j_.doc
5.
The Sub-Divisional Officer
)
Rahata, Dist. Ahmednagar.
)
6.
The Tahsildar, Rahata,
)
Rahata, Dist. Ahmednagar,
)
7.
Pradeep Bhausaheb Ghuge
)
Age 42 years, Occ. Business,
)
R/o. Malunja, Tq. Sangamner
)
Dist. Ahmednagar.
)..
Respondents
---
Mr.V.D. Sapkal, Senior Advocate a/w Mr.S.N. Suryawanshi for the
petitioners.
Mr.S.B. Yawalkar, AGP for the respondent nos.1 to 6.
Mr.K.N. Shermale for the respondent no.7.
----
ALONG WITH
WRIT PETITION NO. 3180 OF 2021
Pradeep Bhausaheb Ghuge
)
Age 38 years, Occ. Business,
)
R/o. Malunja, Tq. Sangamner
)
Dist. Ahmednagar.
)
Versus
1.
The State of Maharashtra
)
Through the Principal Secretary
)
Revenue & Forest Department,
)
Mantralaya, Mumbai -32.
)
2.
The Deputy Secretary
)
Revenue and Forest Department
)
Mantralaya, Mumbai -32.
)
3 pil-25.19_wt_wp3180.21_j_.doc
3.
The Hon’ble State Minister
)
Revenue and Forest Department
)
Mantralaya, Mumbai -32.
)
4.
The Divisional Commissioner
)
Nashik Division, Nashik.
)
5.
The Additional Commissioner
)
Nashik Division, Nashik.
)
6.
The Collector, Ahmednagar
)
Tal & Dist. Ahmednagar
)
7.
The Sub-Divisional Officer
)
Rahata, Tal. Rahata, Dist. Ahmednagar.
)
8.
The Tahsildar, Rahata,
)
Tq. Rahata, Dist. Ahmednagar,
)..
Respondents
---
Mr.K.N. Shermale for the petitioner.
Mr.S.B. Yawalkar, AGP for the respondent nos.1 to 8.
----
CORAM : R.D. DHANUKA &
S.G. MEHARE, JJ.
RESERVERD ON : 29th APRIL, 2022
PRONOUNCED ON : 10th JUNE, 2022
Judgment :-(per R.D.Dhanuka, J.)
.
The petitioners in Public Interest Litigation No.25 of 2019
have prayed for writ of certiorari for quashing and setting aside the
impugned orders dated 27th August 2014, 18th January 2017 and 9th
4 pil-25.19_wt_wp3180.21_j_.doc
April 2018 passed by the learned Minister (Revenue) and for an order
and direction that the respondents authorities be directed to recover
amount of Rs.1,74,00,636/- along with interest from the respondent no.7
in view of the order dated 13th July 2011 passed by the respondent no.4.
2.
The petitioners have also prayed for writ of mandamus for
restoration of the order dated 13th July 2011 passed by the respondent
no.4 and for an order and direction to recover the penalty to the tune
of Rs.1,74,00,000/- from the respondent no.7 imposed upon him in
terms of the order dated 13th July 2011 passed by the respondent no.4.
3.
The petitioner in writ petition and the respondent no.7 in
the Public Interest Litigation No.25 of 2019 has filed the Writ Petition
No.3180 of 2021 inter alia praying for a declaration that the order
dated 21st September 2020 issued by the Deputy Secretary of Revenue
and Forest Department, Mantralaya, Mumbai is illegal, arbitrary and
against the provisions of law and also praye
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