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2015 Supreme(SC) 557

SUDHANSU JYOTI MUKHOPADHAYA, S.A.BOBDE, N.V.RAMANA
Municipal Corporation, Aurangabad – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT

1. Leave granted. This appeal has been preferred by the Appellant-Municipal Corporation, Aurangabad (hereinafter referred to as "the Corporation"' against the judgment and order dated 26.03.2013 passed by the High Court of Judicature of Bombay, Bench at Aurangabad in Writ Petition No. 10512 of 2010 with Civil Application No. 8801 of 2012. By the impugned judgment and order, the High Court allowed the writ petition preferred by the 2nd Respondent - Jaisingh s/o. Bhimsingh Pardeshi.

2. The factual matrix of the case is as follows:

2.1 The dispute relates to land admeasuring 15881 sq. mtrs. out of Survey No. 12, Shahnoorwadi, Aurangabad. Initially, the said land was reserved for "Washery" (Dhobi Ghat) and subsequently was acquired for the purpose of "Washery" by the Appellant-Corporation through private negotiations and the possession of the said land was handed over by the original owner-Bhimsingh (father of Respondent No. 2) on 01.08.1985. Thereafter, the said original owner being a protected tenant under Section 38E of the Hyderabad Tenancy and Agricultural Land Act(hereinafter referred to as "the said Act"), applied for post-facto permission under Section 50B of the said Act














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