High CourtsDivision Bench(2022) 02 BOM CK 0007

Sham Friyamal Kashelani And Others vs Secretary, Revenue & Forest, Government Of Maharashtra And Others

Bombay High Court · Decided on 2 February 2022

HON’BLE JUDGES
Sunil B. Shukre, J · Anil L. Pansare, J
CASE NUMBER
Writ Petition No.490 Of 2022

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Judgment

17 paragraphs · 288 words

Sunil B. Shukre, J

1.

Hearing was conducted through Video Conferencing and all the learned Advocates agreed that the audio and visual quality was proper.

2.

Leave to amend the cause title by bringing on record legal heirs of deceased petitioner No.1 is granted. Amendment be carried out forthwith.

3.

Heard Shri Chauhan, learned counsel for the petitioners, Smt. K. S. Joshi, learned G.P. who appears by waiving notice for respondent Nos.1 to 5

and 7 and also Shri Arun Patil, who appears by waiving notice for respondent No.6.

4.

Rule. Rule made returnable forthwith. Heard finally by consent of the learned counsel appearing for the parties.

5.

On going through the grievance of the petitioners and facts admitted on record, we are of the view that purpose of this petition shall stand served by

allowing this petition with necessary directions.

6.

The Writ Petition is therefore, partly allowed.

7.

The respondent Nos.2 and 3 are directed to decide the representations of the petitioners, in particular one dated 03.11.2020, in the light of the

minutes of the meeting held on 27.04.2019 (Page 131) and all other facts admitted and established on record, and also all the subsequent developments

affecting the issue involved in this case and in accordance with law, as expeditiously as possible and preferably within four weeks from the date of

receipt of the order.

8.

We further direct that the impugned notices dated 5. 02.2020 and 25.01.2020 shall not be acted upon till the representations of the petitioners are

decided and if any adverse decision is rendered, the same and also the impugned notices shall not be acted upon for a further period of 15 days from

the date of decision.

Rule accordingly. No costs.