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Bombay High Court

Tulshiram Shivram Dhondkar And Others ... vs The State Of Maharashtra And Others on 12 August, 2021

Author: Mangesh S. Patil

Bench: Mangesh S. Patil

                                                                          921.WP.8737.21.odt


                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            BENCH AT AURANGABAD

                             WRIT PETITION NO.8737 OF 2021

               TULSHIRAM SHIVRAM DHONDKAR AND OTHERS 12
                                 VERSUS
                  THE STATE OF MAHARASHTRA AND OTHERS

                                          ...
          Advocate for Petitioners : Mr. V.D. Sapkal, Senior advocate i/b.
                                  Mr. S.R. Sapkal
                  AGP for Respondent/State : Mr. P.G. Borade
                                          ...

                                    CORAM   :    MANGESH S. PATIL, J.
                                    DATE    :    12.08.2021

PER COURT :
                 Heard.


2. The learned Senior advocate submits that a consolidation scheme is sought to be rectified by resorting to Section 31(A) after a lapse of 40 years that too by an authority which is not competent to that.

3. Considering the fact that the correction has been ordered not by the Settlement Commissioner as is required by the provision of Section 31(A) of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 that too after a lapse of 40 years, issue notice to the respondents, returnable on 09.09.2021, however, with an ad-interim relief in terms of prayer clause (E) till the next date. The Learned AGP waives service of notice for respondent Nos. 1 to 5.

(MANGESH S. PATIL, J.) habeeb 1/1 ::: Uploaded on - 12/08/2021 ::: Downloaded on - 13/08/2021 07:51:19 :::