Rajmachi Rural Aid And ... vs The State Of Maharashtra Through ...
2023 Latest Caselaw 423 Bom

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         MEERA                                                  1/3                                 6-IA-109-23.doc
MEERA    MAHESH
MAHESH   JADHAV
JADHAV   Date:
         2023.01.13
         11:35:23
         +0530                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIVIL APPELLATE JURISDICTION
                                      INTERIM APPLICATION NO. 109 OF 2023
                                                       IN
                                         WRIT PETITION NO. 5586 OF 2021

                Rajmachi Rural Aid And Development Program                      ...Applicant

                          Versus

                The State Of Maharashtra Through
                The Secretary, Revenue And Forest Dept.and Ors ...Respondents

                                                      ----

Mr. Vedchetan Patil a/w Ms Sunayana Kashil for applicant. Mr. V. S. Gokhale, 'B' Panel Counsel for Respondent Nos.1 to 6.

----

CORAM : K.R. SHRIRAM & RAJESH S. PATIL JJ DATED : 11th JANUARY 2023

P.C. :

1 This interim application has been taken out by petitioner in a disposed

petition, in view of non compliance by respondent no.4 of the directions

given by the court in the order dated 29th April 2022 passed by this court.

The operative part of the said order reads as under:

"i) Writ Petition is partly allowed.

(ii) The Collector Pune is directed to decide following issues under Section 6 of Maharashtra Private Forest Act as to:-

(a) Whether there exist of forest on the land in question and

(b) Whether land in question has vested in the Government on the appointed day.

(iii) Both the parties are directed to appear before the Collector on 18 th May 2022 at 11 a.m.

(iv) Both the parties are at liberty to file pleading and to file documents on the record.

(v) The Collector is directed to decide the issue within the period of six months."

2 When the matter was called out in the pre-lunch session, Mr. Gokhale

Meera Jadhav 2/3 6-IA-109-23.doc

requested the matter be taken up post lunch so that he can take instructions

as to when respondent no.4 will give the hearing. Post lunch, Mr Gokhale

informed the court that his instructions are the collector has assured that the

hearing to petitioner as directed in the order dated 29 th April 2022, will be

given at 11:00 a.m. on 24th January 2023 and that the collector would pass

a reasoned order not letter than 15 th February 2023 and communicate the

same to petitioner.

3 Therefore, we dispose the application with following directions :

(a) Respondent no.4 shall without fail grant a personal hearing to

petitioner at 11:00 a.m. on 24th January 2023.

(b) Respondent no.4 shall not make petitioner wait and shall not adjourn

the hearing on any ground whatsoever.

(c) Should petitioner wish to file written submissions to record what

transpired during the personal hearing, petitioner shall file written

submissions on or before 31st January 2023.

(d) Should respondent no.4 or the representative of the department wish

to rely on any judgment, order, rules, reports or notifications, a readable

copy thereof, properly indexed and paginated shall be provided to petitioner

on or before 19th January 2023 so that petitioner during the personal

hearing will be able to deal with / distinguish those documents.

(e) Respondent no.4 shall pass a reasoned order dealing with every

submission of petitioner and the said order shall be passed and

communicated to petitioner on or before 15th February 2023.

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4         Interim Application disposed.

5         We clarify that we have not made any observations on petitioner's

case.




(RAJESH S PATIL, J.)                              (K.R. SHRIRAM, J.)




Meera Jadhav