Janrao Sitaramji Thakre vs State Of Mah & Another
2016 Latest Caselaw 6233 Bom

                                                                                            wp4110.03.odt

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                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              NAGPUR BENCH AT NAGPUR




                                                                    
                                     WRIT PETITION NO.4110/2003

         PETITIONER:                Janrao son of Sitaramji Thakre, 




                                                                   
                                    aged about 65 years, Occupation 
                                    Retired Servant and Cultivator, 
                                    resident of Ward No.1, Zingabai Takli, 
                                    Mankapur, Nagpur.




                                                   
                                                       ...VERSUS...
                             
         RESPONDENTS :     1.  State of Maharashtra, through 
                                its Secretary, Urban Development Department, 
                                Mantralaya, Mumbai - 32. 
                            
                                    2.  Nagpur Improvement Trust, Nagpur, 
                                         through its Chairman, Kingsway, Nagpur. 

                                     3.  Moti-Krishna Gruha Nirman Sahkari Sanstha 
      

                                          Takli (Zingabai) Rathi Lay-out, Ward No.1,
                                          Maryadit, Chindwara Road, Nagpur - 30. 
   



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                  Ms R.P. Jog, Adv. h/f Shri A.C. Dharmadhikari, Adv. for petitioner
                  Shri I.J. Damle, AGP for respondent no.1
                  Shri Y.R. Kinkhede, Adv. h/f Mrs. B.H. Dangre, Adv. for respondent no.2
         -----------------------------------------------------------------------------------------------------





                                                      CORAM  :  SMT. VASANTI   A   NAIK, AND
                                                                        KUM. INDIRA JAIN, JJ.

DATE : 20.10.2016

ORAL JUDGMENT (PER : SMT. VASANTI A NAIK, J.)

By this writ petition, the petitioner has challenged the

memorandum, dated 20.4.2002 rejecting the application made by the

petitioner under the Gunthewari Act on the ground that the plot of the

petitioner is affected by 18.00 meters wide DP road.

wp4110.03.odt

It is stated on behalf of the petitioner that during the

pendency of the writ petition, the reservation of the land for the DP road

has been deleted and it would now be necessary for the Nagpur

Improvement Trust to consider the application of the petitioner, afresh

and regularize the plot of the petitioner under the Gunthewari Act.

Shri Kinkhede, the learned Counsel holding for Mrs. Dangre,

the learned Counsel for the Nagpur Improvement Trust does not dispute

that the land does not now stand under the reservation for the DP road

and the application made by the petitioner is under consideration. It is

stated that the application of the petitioner for regularization of the plot

would be decided as early as possible.

In view of the statements recorded herein above, the

grievance of the petitioner would stand redressed. Hence, we dispose of

the writ petition with a direction to the Nagpur Improvement Trust to

decide the application of the petitioner as early as possible and positively

within six months.

Rule is made absolute in the aforesaid terms with no order

as to costs.

                          JUDGE                                                          JUDGE


         Wadkar