Bombay High Court
Laxman Limba Kamble And Ors vs The State Of Maharashtra And Ors on 28 February, 2023
Bench: R.D. Dhanuka, M.M. Sathaye
Digitally
signed by
VINA
VINA ARVIND
ARVIND KHADPE
KHADPE Date:
2023.03.02
14:49:06
+0530
(2) wp 9166.2016.doc
Vina Khadpe
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 9166 OF 2016
1. Laxman Limba Kamble .. Petitioners
Age: 60 years Occ: Agri.
2. Tanaji Digamber Kamble
Age: 40 years Occ: Agri.
3. Bharat Limba Kamble
Age: 50 years Occ: Agri.
4. Dadasaheb Laxman Kamble
Age: 38 years Occ: Agri.
5. Rambhau Limba Kamble
Age: 55 years Occ: Agri.
6. Maruti Limba Kamble
Age: 48 years Occ: Agri.
7. Smt. Jejabai Limba Ovhole
Age: 55 years Occ: Agri.
8. Shivaji Digamber Kamble
Age: 33 years Occ: Agri.
9. Laxman Babu Kamble
Age: 55 years Occ: Agri.
10. Subhash Mahadeo Hanvatea
Age: 38 years Occ: Agri.
11. Nana Digamber Kamble
Age: 43 years Occ: Agri.
12. Vijay Laxman Kamble
Age: 35 years Occ: Agri.
13. Smt. Maynabai Hari Gaikwad
Age: 55 years Occ: Agri.
14. Fannci Kerba Petade
Age: 64 years Occ: Agri.
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15. Malan Shankar Kambale
Age: 62 years Occ: Agri.
16. Dasharat Kundilak Kambale
Age: 45 years Occ: Agri.
17. Bitu Eaknath Kamble
Age: 70 years Occ: Agri.
18. Namdeo Shama Kasbe
Age: 38 years Occ: Agri.
19. Sarjarao Shankar Kamble
Age: 45 years Occ: Agri.
20. Babu Bheva Kamble
Age: 66 years Occ: Agri.
21. Sharvan Kundilek Kamble
Age: 40 years Occ: Agri.
Petitioner Nos.1 to 21 all
R/o - at post Pimpri, (pa.Malwadi),
Tal. Barshi Dist. Solapur
Versus
1. The State of Maharashtra .. Respondents
3. Tahsildar,
Barshi District Solapur
4. The Collector, Solapur
5. Dist. Forest Offcer
Vijapur Road, Solapur
Mr. Sharad T. Bhosale for the Petitioners.
Mrs. M. S. Bane, AGP for the State - Respondent Nos.1, 3 to 6.
CORAM : R.D. DHANUKA &
M.M. SATHAYE , JJ.
DATE : 28TH FEBRUARY, 2023.
P.C. :
1. Rule. Rule is made returnable forthwith. Learned
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AGP waives service of notice on behalf of Respondent Nos.1, 3
to 6. Learned counsel for the Petitioners seeks leave to delete
Respondent No.2. Leave granted. Amendment to be carried out
during the course of the day. Re-verifcation is dispensed with.
Taken up for fnal hearing with consent of the parties. Heard
both sides. Perused record.
2. By this Petition under Article 226 of the Constitution
of India, the Petitioner is seeking writ of Mandamus directing
Respondent Nos.3 and 4 (Tahsildar Barshi, Dist. Solapur &
Collector, Solapur) to consider and decide the Petitioners'
representation which is at Exhibit 'G' to the Petition in the light
of the Govt. Resolutions dated 24th December 1978 and 28th
November, 1991. The Petitioners also seek writ of certiorari to
quash and set aside order dated 8th May, 2015 passed by
Respondent No.3.
3. Learned counsel for the Petitioners has invited our
attention to the impugned order dated 8th May 2015 wherein
the Government Resolutions which according to the Petitioners,
are applicable for taking a decision on their rights, are not
considered. He further invited our attention to communication
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dated 13th May, 2015 issued by the same authority who passed
impugned Order, to Sub-Divisional Offcer (SDO), Solapur No.1,
after the impugned order is passed. In the said communication,
the Tahsildar has called for a report from the SDO, Solapur-1,
pursuant to directions from Collector, about the Petitioners'
application for regularization in the light of Government
Resolution dated 28th November, 1991.
4. Apparently, from the record it appears that after the
impugned order was passed, the Tahsildar has again called for
the report from the SDO, Solapur-1, Solapur on the issue raised
by the Petitioners.
5. In view of the said subsequent communication dated
13th May, 2015, issued by the Authority after passing of the
impugned order, we fnd it appropriate to direct the concerned
Authority to reconsider the Petitioners' application for
regularization in the light of the Government Resolutions relied
upon by the Petitioners.
6. Hence, we pass the following order;
:: ORDER ::
(i) The impugned order dated 8th May, 2015 is quashed 4/6 (2) wp 9166.2016.doc and set aside.
(ii) The Petitioners are directed to appear before Respondent No.3 - Tahsildar, Barshi, District Solapur, on 13th March, 2023 at 11.00 am.
(iii) The Petitioners are at liberty to produce the documents along with Government Resolutions relied upon by them in support of their case.
(iv) Respondent No.3 is directed to give hearing to the Petitioners and consider their Application / Representation along with documents and Government Resolutions submitted in support of the Petitioners' case and pass an appropriate order in accordance with law within 4 weeks from the date of Petitioners' appearance.
(v) It is clarifed that this Court has not expressed any opinion about the claims of the Petitioners and the Authority shall decide the same on its own merits and in accordance with law. The Order that will be passed , be communicated to Petitioners within 1 week from the date of decision.
(vi) If the Petitioners' representation is decided in their favour, consequential orders be passed within 4 weeks from the date of decision. If the Petitioners' representation is rejected, the Petitioners will be at 5/6 (2) wp 9166.2016.doc liberty to fle appropriate proceedings as permissible under law.
(vii) The Writ Petition is disposed of and Rule is made absolute in the above terms. No Order as to costs.
(viii) All concerned to act on the authenticated copy of this order.
(M.M. SATHAYE , J.) (R.D. DHANUKA, J.) 6/6