Nivrutti Kashinath Khatane And ... vs The State Of Maharashtra And ...
2022 Latest Caselaw 4961 Bom

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     IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                BENCH AT AURANGABAD

                   WRIT PETITION NO. 5507 OF 2022

             NIVRUTTI KASHINATH KHATANE AND OTHERS
                                VERSUS
              THE STATE OF MAHARASHTRA AND OTHERS
                                     ...
               Advocate for Petitioners : Mr. K.F. Shingare
            AGP for Respondent - State : Mr. S.N. Morampalle
                                   .......

                               CORAM     : S.G. MEHARE, J.
                               DATE      : 20th MAY, 2022

 ORDER :

. Heard the learned Counsel for the petitioners.

2. Issue notice to the respondents, returnable on 16th

June, 2022. Learned AGP waives service of notice for the

respondent Nos.1 to 4.

3. Learned Counsel for the petitioners submitted that, the

petitioners are the owners of Gut No.135. At no point of

time Tahsildar has granted permission to lay the water

pipeline through their Gut No.135, to the respondents. He

referred the order passed by the Tahsildar, Vaijapur dated

07.04.2017. It appears that feld Gut No.135 is not

mentioned, in the said order. However, Tahsildar, Vaijapur

has passed the order on 17.08.2021, on the basis of

Pooja K.

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application fled by the respondent seeking permission to

rebuild the pipeline. However, again in the said order felds

Gut No.135 is not included. The petitioners have challenged

the said order before the Collector by preferring a Revision.

When the Revision application was pending, the Tahsildar,

Vaijapur has modifed his order dated 17.08.2021 and add

feld Gut No.135 of the petitioners. The said order was also

challenged by the petitioners in the Revision which was

already fled. He pointed out that, Collector heard the

matter on 14.12.2021 and reserved for judgment and order.

However, after 14.12.2021 there no roznama is maintained.

Thereafter, suddenly he passed the impugned order

dismissing the Revision on 29.04.2022.

4. Pointing out the above facts, it is argued by the

learned Counsel for the petitioners, that the act of adding

the feld Gut numbers of petitioners subsequent by the

Tahsildar is perverse and arbitrary and against the provision

of Section 49 of the Maharashtra Land Revenue Code. He

pointed out the Collector has not considered these material

facts. In view of the orders passed by the Additional

Collector, Aurangabad, the respondents are bent upon to

register a crime against the petitioners.

Pooja K.

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5. This Court has gone through the impugned orders

passed by the Tahsildar and the Collector. The last order of

the Tahsildar dated 06.09.2021 corroborate the statement

of the learned Counsel for the petitioners that this land was

added subsequent to the earlier order. The petitioners have

made out a prima-facie case to grant interim relief. Hence,

following order.

ORDER

1. The execution, implementation and efect of the

impugned order is stayed till next date.

2. Parties are at liberty to fle afdavit in reply on or

before 13th June, 2022.

3. List the matter on 16th June, 2022.

4. Hamdast allowed.

5. Call for record and proceedings.

[S.G. MEHARE, J.]

Pooja K.