Bombay High Court
Dicksons Overseas Private ... vs State Of Maha., Ministry Of ... on 5 July, 2021
Bench: S.B. Shukre, Anil S. Kilor
1 wp3821.20
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO.3821 OF 2020
1) Dicksons Overseas Private Limited,
a company registered under the
Companies Act, 1956 having its
registered Office at W-46, MIDC,
Hingna Road, Nagpur - 440 016
and having its CIN : U63030MH1994
PTC077442, acting through its one
of Director Shri Rahul Prakash Dixit.
2) Shri Rahul Prakash Dixit, aged about
45 years, occupation : busIness,
having his office at W-46, MIDC,
Hingna Road, Nagpur-440016. ... Petitioners
- Versus -
1) State of Maharashtra, Ministry of
Revenue and Forest, through its
Principal Secretary, Mantralaya,
Madam Cama Road, Mumbai-400 032.
2) Joint Secretary, Ministry of Revenue
and Forest, Mantralaya, Madam Cama
Road, Hutatma Rajguru Chowk,
Main Building, First Floor,
Mumbai - 400 032.
3) Shri Prasad Kamalakar Dharap,
Acting as Liquidator for Jejani Pulp
and Paper Mills Private Limited,
resident of "Prasad", 47, New
Ramdaspeth, Nagpur 440 010.
4) Divisional Commissioner, Office of
::: Uploaded on - 06/07/2021 ::: Downloaded on - 07/07/2021 02:01:21 :::
2 wp3821.20
Divisional Commissioner, Old
Secretariat, Civil Lines,
Nagpur 440 001.
5) The Collector, Gadchrioli,
Maharashtra - 442506.
6) The Tahsildar, Wadsa, Tahsil
Wadsa, District Gadchiroli-441207. ... Respondents
-----------------
Shri M.P. Khajanchi, Advocate for petitioners.
Smt. K.S. Joshi, I/c. Government Pleader for respondent nos.1, 2, 4,
5 and 6.
Shri M.B. Limaye, Advocate for respondent no.3.
----------------
CORAM : SUNIL B. SHUKRE AND
ANIL S. KILOR, JJ.
DATED : JULY 5, 2021
ORAL JUDGMENT (PER SUNIL B. SHUKRE, J.) :
Hearing was conducted through Video Conferencing and
the learned Counsel for the parties agreed that the audio and visual
quality was proper.
2) Heard Shri Khajanchi, learned Counsel for the
petitioners, Smt. Joshi, I/c. Government Pleader for the respondent
nos.1, 2, 4, 5 and 6, and Shri Limaye, learned Counsel for the
respondent no.3.
3 wp3821.20
3) Rule, returnable forthwith. Heard finally by consent of
the learned Counsel appearing for the parties.
4) Now only the prayer made in clause (a) of the petition
has been pressed by the petitioners as prayer clause (b) has been
worked out.
5) By the order passed on 28/1/2021, stay granted by the
State Government on 10/12/2020 to the notification dated
8/3/2019 has been removed and now respondent nos.4, 5 and 6
would have no difficulty in processing the application dated
3/11/2020 filed by the respondent no.3 seeking permission
regarding conversion of Class II land into Class I land under
Section 29 of the Maharashtra Land Revenue Code, 1966.
Accordingly, we direct the competent Authority to process and
decide the application filed by the respondent no.3 for grant of
permission to convert Class II land into Class I land, in terms of
Section 29 of the Maharashtra Land Revenue Code, 1966 as
expeditiously as possible and preferably within four weeks from the
date of receipt of this judgment. Till the decision on the application
4 wp3821.20
is taken, it is directed that no coercive action shall be taken against
the petitioners.
6) Rule is made absolute in the above terms. No costs.
JUDGE JUDGE
khj
