Bombay High Court
Yogaraj Aatmram Rahangadale & ... vs State Of Mah & Others on 8 June, 2017
Bench: B.P. Dharmadhikari
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 1923 OF 2004
1) Yogaraj Aatmaram Rahangadale,
Aged about 34 years,
Occupation - Agriculture,
R/o Infront of Sai Mandir, Soni Lane,
Govindpur, Gondia.
2) Lal Bahadur Saheblal Atare,
Aged about 38 years,
Occupation - Teacher,
R/o Behind Telephone Exchange of
Rajesh Machchir Gondia. .... PETITIONERS
VERSUS
1) State of Maharashtra,
through its Secretary,
Public Health Department, Mantralaya,
Mumbai - 32.
2) Collector, Gondia,
District Gondia.
3) Deputy Director of Health Services,
Nagpur Region, Nagpur.
4) Medical Superintendent,
T.B. Hospital, Gondia, Tahsil and
District Gondia.
5) Gondia Education Society,
though its President/Secretary,
Gondia, Tahsil and District Gondia.
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6) State of Maharashtra,
through its Secretary,
Ministry of Revenue, Mantralaya,
Mumbai - 32.
7) Shri Prafulla Patel, - (Amended as per
Union Minister for Civil Aviation, order dt. 01-10-2004)
New Delhi.
.... RESPONDENTS
______________________________________________________________
Shri Anjan De, Advocate for the petitioners,
Shri A.V. Palshikar, A.G.P. for respondent Nos.1 to 4 & 6,
Shri Kalmegh, Advocate for respondent No.5.
______________________________________________________________
CORAM : B.P. DHARMADHIKARI AND
ROHIT B. DEO, JJ.
DATED : 08-06-2017
ORAL JUDGMENT : (PER : B.P. DHARMADHIKARI, J.)
1. Matter was called out in the morning session. Advocate
Shri Anjan De for the petitioners submitted that allotment of the
Government land to private educational institution namely respondent
No.5 at a throw away price because of influence of respondent No.7
has been questioned in the matter. He states that that allotment has
been stayed by this Court. According to him, during pendency of this
petition, a Government Medical College and Hospital has already come
up at Gondia and as such there is no reason or occasion for allotting
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the subject land to start any medical college and hospital.
2. Assistant Government Pleader does not dispute fact of
starting of a Government Medical College and Hospital at Gondia.
However, he submits that whether a private medical college and
hospital is needed and allowed to come up in the area is a factor on
which he cannot express anything at this stage.
3. Advocate Shri Kalmegh appearing for respondent No.5
states that respondent No.5 had then decided to start such a college
and hospital. He is seeking time to obtain instructions from
respondent No.5 whether it is still ready and willing to proceed further
with its design to establish such college and hospital.
4. During hearing, we find on 28-04-2004 an interim order
was granted and the allotment of land to respondent No.5-Society was
stayed. On 21-10-2005 that order has been confirmed subject to
petitioner No.1 giving undertaking to deposit amount of Rs.30,000/-,
in case the challenge fails.
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5. In this situation, considering the changed scenario as fresh
evaluation of the head may be necessary not only on part of
respondent Nos.1 and 2 but also by respondent No.5, we direct that in
case respondent/State or its officers decide to allot subject land to
respondent No.5, they shall do so as per law and with previous
intimation of at least two weeks to the present petitioners. Subject to
these directions, we dispose of the challenge as infrucutous.
Rule discharged. No costs.
JUDGE JUDGE
adgokar
