Bombay High Court
Sham Friyamal Kashelani And ... vs Secretary, Revenue And Forest, ... on 2 February, 2022
Bench: S.B. Shukre, Anil Laxman Pansare
Judgment 1 W.P.No.490.2022.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 490 OF 2022
1) Sham Friyamal Kashelani, (Dead)
Through his legal heirs :
1-i. Kavita Shyam Kashelani,
Aged about 65 years,
Occupation : Housewife,
R/o. Murarka College Road,
Chandralok Society,
Shegaon Dist. Buldhana.
1-ii. Pankaj Shyam Kashelani,
Aged about 35 years,
Occupation : Business,
R/o. Murarka College Road,
Chandralok Society,
Shegaon Dist. Buldhana.
2) Lilabai Prabhudas Hasani,
Aged Major,
R/o. Sheet No. 21-C, Plot No.3,
Admeasuring 148.6 sq.mtrs.
Sindhi Colony, Shegaon,
Tq & Dist-Buldhana.
3) Anand Narayandas Khatri,
Aged Major,
R/o. Sheet No. 21-C, Plot No.4,
Admeasuring 148.6 sq.mtrs.
Sindhi Colony, Shegaon,
Tq & Dist-Buldhana.
4) Ramchandra Holamal Kashelani,
Aged Major,
R/o. Sheet No. 21-C, Plot No.8,
Admeasuring 148.6 sq.mtrs.
Sindhi Colony, Shegaon,
Tq & Dist-Buldhana.
Judgment 2 W.P.No.490.2022.odt
5) Urmilabai Prabhudas Ramwani,
Aged Major,
R/o. Sheet No. 21-C, Plot No.9,
Admeasuring 148.6 sq.mtrs.
Sindhi Colony, Shegaon,
Tq & Dist-Buldhana.
6) Mohanlal Salamatray Mata,
Aged Major,
R/o. Sheet No. 21-C, Plot No.10,
Admeasuring 148.6 sq.mtrs.
Sindhi Colony, Shegaon,
Tq & Dist-Buldhana.
7) Saithabai Kanhyalal Kashelani,
Aged Major,
R/o. Sheet No. 21-C, Plot No.13,
Admeasuring 148.6 sq.mtrs.
Sindhi Colony, Shegaon,
Tq & Dist-Buldhana.
8) Ashok Bhagatmal Thandani,
Aged Major,
R/o. Sheet No. 21-C, Plot No.15,
Admeasuring 148.6 sq.mtrs.
Sindhi Colony, Shegaon,
Tq & Dist-Buldhana.
9) Daulatram Brijmal Kashelani,
Aged Major,
R/o. Sheet No. 21-C, Plot No.16,
Admeasuring 148.6 sq.mtrs.
Sindhi Colony, Shegaon,
Tq & Dist-Buldhana.
10) Brijmal Motimal Kashelani,
Aged Major,
R/o. Sheet No. 21-C, Plot No.17,
Admeasuring 918.4 sq.mtrs.
Sindhi Colony, Shegaon,
Tq & Dist-Buldhana.
11) Manoj Tarachand Mata,
Aged Major,
R/o. Sheet No. 21-C, Plot No.17,
Admeasuring 92.9 sq.mtrs.
Sindhi Colony, Shegaon,
Tq & Dist-Buldhana.
Judgment 3 W.P.No.490.2022.odt
12) Laxmichand Salamatray Mata,
Aged Major,
R/o. Sheet No. 21-C, Plot No.33,
Admeasuring 148.6 sq.mtrs.
Sindhi Colony, Shegaon,
Tq & Dist-Buldhana.
13) Prakash Jethanand Kaltari,
Aged Major,
R/o. Sheet No. 21-C, Plot No.17/28,
Admeasuring 148.6 sq.mtrs.
Sindhi Colony, Shegaon,
Tq & Dist-Buldhana.
.... PETITIONERS
// VERSUS //
1) Secretary, Revenue & Forest,
Government of Maharashtra,
Mantralaya, Mumbai-400032.
2) Commissioner,
Amravati Division, Amravati.
3) Collector, Buldana,
Dist. Buldana.
4) Sub Divisional Officer,
Khamgaon, Dist-Buldhana.
5) Tahasildar, Shegaon,
Dist. Buldhana.
6) Shri Gajanan Maharaj Sansthan,
Shegaon, Tal. Shegaon Dist. Buldhana,
through its Secretary.
7) Deputy Superintendent of Land Record
Tal. Shegaon Dist. Buldhana.
.... RESPONDENTS
______________________________________________________________
Shri D. V. Chauhan, Advocate for the petitioners.
Smt. K. S. Joshi, Government Pleader for respondent Nos.1 to 5 & 7.
Shri Arun Patil, Advocate for respondent No.6.
______________________________________________________________
Judgment 4 W.P.No.490.2022.odt
CORAM : SUNIL B. SHUKRE AND
ANIL L. PANSARE, JJ.
DATED : 02.02.2022
ORAL JUDGMENT : (Per Sunil B. Shukre, J.)
1. Hearing was conducted through Video Conferencing and
all the learned Advocates agreed that the audio and visual quality was
proper.
2. Leave to amend the cause title by bringing on record legal
heirs of deceased petitioner No.1 is granted. Amendment be carried out
forthwith.
3. Heard Shri Chauhan, learned counsel for the petitioners,
Smt. K. S. Joshi, learned G.P. who appears by waiving notice for
respondent Nos.1 to 5 and 7 and also Shri Arun Patil, who appears by
waiving notice for respondent No.6.
4. Rule. Rule made returnable forthwith. Heard finally by
consent of the learned counsel appearing for the parties.
5. On going through the grievance of the petitioners and facts
admitted on record, we are of the view that purpose of this petition
shall stand served by allowing this petition with necessary directions.
6. The Writ Petition is therefore, partly allowed.
Judgment 5 W.P.No.490.2022.odt
7. The respondent Nos.2 and 3 are directed to decide the
representations of the petitioners, in particular one dated 03.11.2020,
in the light of the minutes of the meeting held on 27.04.2019 (Page
131) and all other facts admitted and established on record, and also
all the subsequent developments affecting the issue involved in this
case and in accordance with law, as expeditiously as possible and
preferably within four weeks from the date of receipt of the order.
8. We further direct that the impugned notices dated
05.02.2020 and 25.01.2020 shall not be acted upon till the
representations of the petitioners are decided and if any adverse
decision is rendered, the same and also the impugned notices shall not
be acted upon for a further period of 15 days from the date of decision.
Rule accordingly. No costs.
(ANIL L. PANSARE, J.) (SUNIL B. SHUKRE J.)
Kirtak
Digitally Signed By:KIRTAK
BHIMRAO JANARDHAN
Signing Date:02.02.2022
16:05
