Arun Laxman Deoskar vs State Of Maha., Thr. Secretary, Dept. Of ...
2024 Latest Caselaw 2976 Bom

Bombay High Court

Arun Laxman Deoskar vs State Of Maha., Thr. Secretary, Dept. Of ... on 31 January, 2024

Author: Nitin W. Sambre

Bench: Nitin W. Sambre

              1                                                                    wp 375.24.odt

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

                                     Writ Petition No.375/2024
                                (Arun V State of Maharashtra and others)
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

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Mr. Anand Parchure, Advocate for petitioner. Ms Sapkal, AGP for respondent nos.1 to 3.

CORAM : Nitin W. Sambre & Abhay J. Mantri, JJ DATE : 31-01-2024.

Speaking to Minutes stands allowed.

2. In paragraph 2 of the order dated 17-01-2024, instead

of word "unearth" same be corrected as 'unearned'.

3. Necessary corrections be carried out forthwith.

4. It is the contention of the learned Counsel for the

petitioner that the grant in favour of the petitioner was in exercise of

Rule 10 of the Maharashtra Land Revenue (Disposal of Government

Lands) Rules, 1971 (for short, 'Land Disposal Rules'). He would

claim that the petitioner an awardee of 'Veer Chakra' was allotted

land for cultivation, free of occupancy price. The condition on

which the land was allotted was only in case if the petitioner intends

to dispose of the land, the permission of the Revenue Authorities is

necessary. By drawing support from the Division Bench judgment

delivered on 29-08-2022 in Writ Petition No.4086 of 2011 (BILT

Graphic Paper Products Limited vs The State of Maharashtra and 2 wp 375.24.odt

others), he would claim that the respondents are not authorized to

order the conditions of allotment order, thereby putting the

petitioner to condition of deposit of unearned income.

5. Issue notice to the respondents, returnable on

28-02-2024.

6. Ms Sapkal, learned Assistant Government Pleader,

waives notice for respondent nos.1 to 3.

(Abhay J. Mantri, J.) (Nitin W. Sambre, J.)

Deshmukh

Signed by: Mr. S.Deshmukh Designation: PS To Honourable Judge Date: 02/02/2024 17:09:57