Mohammad Rafiq Patel vs The Collector Of Solapur, And Ors on 22 October, 2018

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Bombay High Court

Mohammad Rafiq Patel vs The Collector Of Solapur, And Ors on 22 October, 2018

Bench: Revati Mohite Dere

                                                                                     (26)wp-11863.doc

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                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CIVIL APPELLATE JURISDICTION  

                                  WRIT PETITION  NO.11863 OF 2018

         Mohammad Rafiq Patel                                                   ..Petitioner 
              Versus 
         The Collector of Solapur & Ors.                                        ..Respondents 

         V.M. Parshurani and Ujwal R.Agandsurve for  the Petitioner.
         Y.D. Patil, AGP for Respondents. 

                                 CORAM          :  REVATI MOHITE DERE, J.

                                 DATED          :  22nd OCTOBER  2018
           
         P.C.: 

         .        Heard learned counsel for the Petitioner.



         1]       The principal grievance of the Petitioner is that no notice was issued

to the Petitioner at any stage of the proceeding. He further submits that there is non-compliance of Rule 36 of the Record of Rights and Register (Preparations and Maintenance) Rules, 1971. He submits that pursuant to the impugned order dated 29 th September 2018 passed by the Respondent No.2- Sub-Divisional Officer No.1,Solapur, the Petitioners name has been removed from the column of Record of Rights in respect of the land in question and that the name of the State Government has been taken on record, thus, divesting the Petitioner from title of the said land. According to the learned counsel for the Petitioner the said action taken by the 1/2 ::: Uploaded on - 25/10/2018 ::: Downloaded on - 27/10/2018 00:23:31 ::: (26)wp-11863.doc Respondent Nos. 1 to 3 is in breach of the principles of natural justice as well as provisions of the Maharashtra Land Revenue Code. He, further, submits that the Respondent Nos.2 and 3 ought to have issued notice to the Petitioner and given him, an opportunity of being heard, before passing the impugned order.

2] Issue notice to the Respondents. The learned AGP waives notice on behalf of all the Respondents and seeks time to file affidavit in reply. On his request stand over to 28th November 2018. Affidavit in rely to be filed in the Registry and a copy there of to be served on the learned counsel for the Petitioner.

3] At this stage, learned counsel for the Petitioner makes a statement on instructions that the Petitioner is in possession of the land in question admeasuring 1.10.54 Hector from Gat No.71/1 (North East) situated at Majrewadi, Taluka North Solapur, District Solapur. 4] In view of the aforesaid, in the mean time, till the next date, parties to maintain status-quo , in respect of the said land.

(REVATI MOHITE DERE, J.) 2/2 ::: Uploaded on - 25/10/2018 ::: Downloaded on - 27/10/2018 00:23:31 :::

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