Bombay High Court
Govind Sopan Girme And Others vs The State Of Maharashtra And Others on 21 June, 2019
Author: Prasanna B. Varale
Bench: Prasanna B. Varale
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION STAMP NO.1523 OF 2015
Govind Sopan Girme and ors. .. Petitioners
Versus
The State of Maharashtra,
through the Secretary,
Revenue and Forest Department,
Mantralaya, Mumbai and ors. .. Respondents
Mr S.L. Bhapkar, Advocate for petitioners
Mr V.S. Badakh, A.G.P. for respondents no.1 to 6
CORAM : PRASANNA B. VARALE
AND R.G. AVACHAT, JJ.
DATE : 21.6.2019 PER COURT :
1. Considering the limited issue raised in the petition, with the consent of learned Counsel for the petitioners and learned A.G.P., petition is taken up for disposal at the stage of admission
2. By inviting our attention to copy of the representation submitted by the petitioners to the Tahsildar dated 24.11.2011, the learned Counsel appearing for the petitioners submitted that the petitioner no.1 Govind Sopan Girme, petitioner no.2 Mahesh Paman Girme and petitioner no.3 Chandrabhan Mahadeo Girme along with other persons submitted an application to the Tahsildar requesting the Tahsildar to ::: Uploaded on - 26/06/2019 ::: Downloaded on - 14/07/2019 17:08:04 ::: 2 1523,15wpst undertake the exercise of measurement of the land so that the parties would be in a position to specify their shares in the property as legal representatives of deceased Geetabai and then would be at liberty to approach the authorities for issuing 7/12 extracts in their favour. The learned Counsel further submitted that the copy of the said application was also submitted to the Deputy Superintendent of Land Records, Shrirampur, Circle Officer, Shrirampur as well as the Collector office, Ahmednagar. The learned Counsel then submitted that in spite of lapse of sufficient period, as the parties were not taking any action, the petitioners had left with no choice but to approach this Court by filing present writ petition in the year 2011.
3. Considering this limited grievance, without going into the other contentions raised in the petition, and the directions which we propose to issue, would not cause any prejudice to the respondents who are State authorities, we direct respondent no.4 Tahsildar, Shrirampur to decide the application dated 24.11.2011 submitted by the petitioners to him. The petitioners are at liberty to submit fresh copy of this application/reprsentation to the Tahsildar, Shrirampur, considering the fact that during the passage of five years, there is every possibility that the office of the Tahsildar may not be having the application available for ready reference. We further permit the ::: Uploaded on - 26/06/2019 ::: Downloaded on - 14/07/2019 17:08:04 ::: 3 1523,15wpst petitioners to approach the Collector, Ahmednagar if there is no response from the Tahsildar, Shrirampur on the application for a considerable period, within four weeks thereafter. We direct that in case such a grievance is raised before the Collector about non-action of respondent no.4 Tahsildar, Shrirampur the Collector, Ahmednagar to look into the matter and then issue appropriate directions to his sub-ordinate authorities.
4. With these directions, the petition is disposed of accordingly.
( R.G. AVACHAT, J.) ( PRASANNA B. VARALE, J.)
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