Vijay Gulabrao Deshmukh vs The State Of Maharashtra, Thr. ...
2024 Latest Caselaw 26425 Bom

Bombay High Court

Vijay Gulabrao Deshmukh vs The State Of Maharashtra, Thr. ... on 16 October, 2024

Author: Avinash G. Gharote

Bench: Avinash G. Gharote, M.S. Jawalkar

2024:BHC-NAG:11645-DB


                 Judgment                                          1




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

                                       WRIT PETITION NO. 6212 OF 2024
                         Vijay Gulabrao Deshmukh, Aged about
                         42 years, Occ. Business, R/o Murmadi/
                         Sawari, Tq. Post Lakhani,
                         Dist. - Bhandara - 441809.
                                                                                       .... PETITIONER
                                                        // VERSUS //


                 1.      The State of Maharashtra, through its
                         Secretary, Revenue and Forest
                         Department, Mantralaya,
                         Mumbai 32

                 2.      The District Collector,
                         through the District Mining Officer,
                         Bhandara
                                                                                    .... RESPONDENTS
                 ---------------------------------------------------------------------------------------------
                 Shri Abhay Sambre, Advocate for petitioner.
                 Shri I.J. Damle, AGP for respondents
                 ---------------------------------------------------------------------------------------------

                 CORAM             :      AVINASH G. GHAROTE AND
                                          SMT. M.S. JAWALKAR, JJ.

                 DATE             :       16/10/2024


                 JUDGMENT (PER: AVINASH G. GHAROTE, J.)

1. Heard.

2. Rule. Rule made returnable forthwith.

3. Learned Assistant Government Pleader waives notice for

the respondents.

4. It is not disputed that the Lease Deed dated 20/10/2016,

executed in favour of the petitioner has a renewal clause (page 35).

The issue has already been decided by the Division Bench of this Court

in Aijitkumar Amolakchand Jain vs The Collector, Gondia in Writ

Petition No. 3249/2020 (page 64), in view of which, since the

existence of the renewal clause in the aforesaid Lease Deed is not

disputed, the respondents are directed to execute a Lease Deed in

favour of the petitioner in terms of the renewal clause for the duration

as contemplated therein.

5. Rule accordingly. No order as to costs.

(SMT. M.S. JAWALKAR, J.) (AVINASH G. GHAROTE, J.)

R.S. Sahare

Signed by: Mrs. Ranjana Sahare Designation: PA To Honourable Judge Date: 17/10/2024 15:32:36