Narendra S/O Shamraoji Thele vs Additional Commissioner, ...
2023 Latest Caselaw 45 Bom

                                                                         1                               1-wp-4619-21.odt


                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       NAGPUR BENCH AT NAGPUR

                                    WRIT PETITION NO. 4619 OF 2021
                                       Narendra s/o Shamraoji Thele
                                                    Vs.
                               Additional Commissioner, Amravati and others

           Office Notes, Office Memoranda                          Court's or Judge's orders
           of Coram, Appearances, Court's
           orders     or    directions and
           Registrar's orders

                                             Mr. A.P. Kalmegh, Advocate for petitioner
                                             Ms. T.H. Khan, AGP for respondent Nos.1 to 4

                                             CORAM:        AVINASH G. GHAROTE, J.

DATED : 2nd JANUARY, 2023

Issue notice for final disposal, returnable on 23/01/2023, as it is contended that Section 29(1) of the Agricultural Lands (Ceiling on Holdings) Act, 1961, does not include transfer by way of Will and therefore, the same is not prohibited nor any permission is required to be obtained. Reliance is placed upon the judgment in the case of Prabhakar s/o Chinappa Chavan Vs. State of Maharashtra reported in 2004 (4) MhLJ 886.

Ms. T.H. Khan, learned Assistant Government Pleader waives service of notice for respondent Nos. 1 to 4.

Digitally signed by:MILIND P DESHPANDE JUDGE Signing Date:03.01.2023 10:12 MP Deshpande