Rambhau Jagoba Bhajipale vs State Of Mah
2016 Latest Caselaw 2055 Bom

                                           1                        wp1450.05

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                         
                               NAGPUR BENCH : NAGPUR




                                                
                         WRIT PETITION NO.1450 OF 2005




                                               
    1) Rambhau Jagoba Bhajipale,
       aged 67 years, occupation :
       agriculturist, r/o Makardhokada,
       Tahsil Umrer, District Nagpur.




                                        
    2) Dilip s/o Tulshiram Zode, 
       aged 30 years, occupation :
       agriculturist, r/o Makardhokada,
       Tahsil Umrer, District Nagpur.
                                
    3) Narayan s/o Mahadeo Uikey,
       aged 40 years, occupation :
       agriculturist, r/o Deoli,
      


       Tahsil Umred, District Nagpur.
   



    4) Namdeo Jago Buradkar,
       aged 50 years, occupation :
       agriculturist, r/o Deoli,





       Tahsil Umred, District Nagpur.

    5) Bijaram Chindu Dandwe,
       aged 35 years, occupation :
       agriculturist, r/o Deoli,





       Tahsil Umred, District Nagpur.          ...            Petitioners

                     - Versus -

    1) State of Maharashtra, through
       its Secretary, Department of
       Forests and Revenue, Mantralaya,
       Mumbai - 32.




        ::: Uploaded on - 03/05/2016             ::: Downloaded on - 30/07/2016 00:15:22 :::
                                                            2                        wp1450.05

    2) Divisional Commissioner,




                                                                                         
       Nagpur.




                                                                 
    3) The Collector, Nagpur.

    4) The S.D.O., Umred, District
       Nagpur.




                                                                
    5) The Tahsildar, Umrer,
       District Nagpur.                                         ...          Respondents




                                                    
                                  ig   -----------------
    Smt. A.R. Taiwade, Assistant Government Pleader for
    respondents.
                                
                                       ----------------

                                              CORAM :    B.P. DHARMADHIKARI AND 
                                                                   P.N. DESHMUKH, JJ.

DATED : APRIL 29, 2016

ORAL JUDGMENT (PER B.P. DHARMADHIKARI, J.) :

Nobody appears for petitioners. Heard

Smt. Taiwade, learned Assistant Government Pleader

for respondents.

2) Challenge in the petition is to demand of

penalty and interest as Class II lands have been sold

3 wp1450.05

without prior permission and authorisation.

3) Smt. Taiwade, learned Assistant Government

Pleader for respondents, has pointed out that this Court

on 31/3/2005 granted ad interim relief and on

29/4/2005 while issuing rule in the matter, directed

petitioners to file an undertaking that they would not

dispose of the subject land or create any encumbrance

on it. The undertaking was to be filed on or before

20/6/2005, but that was never filed.

4) On 17/1/2006, learned Counsel for the

petitioners made a statement that petitioners did not

contact him despite communications and hence, order

dated 29/4/2005 could not be complied with. This

Court, therefore, vacated interim order.

5) Today, there is no appearance for petitioners.

    6)               In the backdrop of facts noted supra, we





                                                 4                        wp1450.05

    dismiss the writ                   petition with costs of rupees two




                                                                              

thousand payable to High Court Legal Services Sub-

Committee, Nagpur. Rule is discharged.

                       JUDGE                                           JUDGE




                                             
                                 
                                
    khj