Manik Devram Beldar vs Union Of India And Others
2016 Latest Caselaw 583 Bom

                                                     Writ Petition No.10959/2015
                                            1




                                                                          
                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

                                   BENCH AT AURANGABAD




                                                  
                           WRIT PETITION NO.10959 OF 2015




                                                 
     Manik Devram Beldar
     Age 45 years, Occu. Agri.,
     R/o Dolarkheda, Tq. Muktainagar,
     District Jalgaon                             ...      PETITIONER




                                         
              VERSUS         
     1.       Union of India.
              Through Ministry of Forest
                            
              New Delhi.
              (Copy to be served on the
              Standing Counsel for Union
              of India, High Court of Bombay,
              Bench at Aurangabad)
      


     2.       The State of Maharashtra,
   



              through its Secretary,
              Forest Department,
              Mantralaya,Mumbai-32.
              (Copy to be served on
              Government Pleader,





              High Court of Bombay,
              Bench at Aurangabad)

     3.       The Chief Secretary,
              State of Maharashtra/





              The Chairperson of the
              State Level Monitoring
              Committee, Maharashtra
              State, Mumbai at Mumbai.

     4.       The Deputy District Collector/
              The Chairperson of District Level
              Forest Right Committee, Jalgaon,
              At Jalgaon.

     5.       The Sub-Divisional Officer,
              Bhusawal Division, Bhusawal/
              The Chairperson of the Sub-


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                                                        Writ Petition No.10959/2015
                                            2




                                                                            
              Divisional Level Forest Right Committee,
              Bhusawal, District Jalgaon.




                                                    
     6.       The Tahsildar,
              Tahsil Office, Muktainagar,
              District Jalgaon,

     7.       The President/ Secretary,




                                                   
              Forest Right Committee,
              Dolarkheda,Tq.Muktainagar,
              District Jalgaon.




                                       
     8.       The Sarpanch/ Gramsevak,
              Group Grampanchayat,
              Dolarkheda,Tq. Muktainagar,
                             
              District Jalgaon.                      ... RESPONDENTS
                            
                                       .....
     Mr. P.S.Gaikwad, advocate for the petitioner.
     Mr. P.S. Patil, A.G.P for the State.
     Mr. D.G. Nagode, advocate for Respondent No.1.
                                       .....
      
   



                                   CORAM:       S.V. GANGAPURWALA AND
                                                A.I.S. CHEEMA, JJ.

DATED: 14th March, 2016.

ORAL JUDGMENT (PER S.V. GANGAPURWALA, J.):

1. Heard.

2. Leave to delete Respondent No.8.

3. Issue notice to the Respondents.

Writ Petition No.10959/2015

4. Mr. D.G. Nagode, learned counsel waives notice for

Respondent No.1.

5. Mr. P.S. Patil, learned A.G.P waives notice for rest of

the Respondents.

6. Rule. Rule made returnable forthwith. With the

consent of the parties, petition is taken up for final hearing.

7. The limited grievance of the petitioner is that

Gramsabha has passed a Resolution in favour of the petitioner

with regard to the allotment of forest land. However, Sub-

Divisional Officer rejected the claim of the petitioner. The

petitioner filed appeal before the District Level Committee. The

same was returned on the ground that copy of the impugned

order was not annexed. The learned counsel submits that

petitioner is illiterate person and as such was not aware of the

procedure and could not present the appeal in proper format.

Now the copy of the order is received, the petitioner be permitted

to submit the same. Even no opportunity was given by the

appellate authority to remove the office objection.

8. Mr. Nagode and Mr. Patil, learned counsel submit that

as the copy of the impugned order itself is not annexed, the

Writ Petition No.10959/2015

appeal could not have been entertained.

9. We have considered the submissions. It appears that

Gramsabha has passed Resolution with regard to the claim of the

petitioner. The same was forwarded to the Sub-Divisional Officer,

Bhusawal, who rejected the same on the ground of limitation.

The petitioner filed appeal before the appellate authority i.e. the

District Level Committee, the same was not entertained on the

ground that the appeal was not accompanied with the copy of the

impugned order. The petitioner appears to be an illiterate

person. Moreover, the District Level Committee has not closed

the doors of the petitioner. The District Level Committee has

asked the petitioner to submit the copy of the order along with

the appeal. The petitioner could have rectified the said mistake

instead of coming to this Court.

10. Be that as it may, the petitioner shall resubmit the

appeal along with the copy of the impugned order within a period

of ten (10) days from today to the District Level Committee. If

the same is submitted within ten (10) days from today, the

District Level Committee shall consider the said appeal on its own

merits in accordance with law after hearing all concerned

expeditiously.

Writ Petition No.10959/2015

11. Rule accordingly made absolute in above terms. No

costs.

(A.I.S. CHEEMA, J.) ( S.V. GANGAPURWALA, J.)