Government Pleader A.s. Writ Cell

Order - Status 4: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1356 OF 2021 Shri. Ramchandra Shankar Sutar … Petitioner V/s. State of Maharashtra and Ors. … Respondents WITH WRIT PETITION NO.1354 OF 2021 Shri. Uttam Tukaram Sutar … Petitioner V/s. State of Maharashtra … Respondents WITH WRIT PETITION NO.1343 OF 2021 Shri. Bhagwan Babaji Dhawale … Petitioner V/s. State of Maharashtra and Ors. … Respondents WITH WRIT PETITION NO.1352 OF 2021 Sou. Anusaya Dhondiba Maragage … Petitioner V/s. State of Maharashtra and Ors. … Respondents WITH WRIT PETITION NO.1362 OF 2021 Shri. Dilip Gaurihar Dhawale (Dhangar) … Petitioner V/s. State of Maharashtra and Ors. … Respondents WITH WRIT PETITION NO.1359 OF 2021 Munni Adesh Deshmukh … Petitioner V/s. State of Maharashtra and Ors. … Respondents WITH WRIT PETITION NO.1361 OF 2021 Sou. Anusaya Dhondiba Maragage … Petitioner V/s. State of Maharashtra and Ors. … Respondents WITH WRIT PETITION NO.1344 OF 2021 2021 L Shri. Govind Krishna Jadhav … Petitioner V/s. State of Maharashtra and Ors. … Respondents WITH WRIT PETITION NO.1357 OF 2021 2021 L Sou. Anusaya Dhondiba Maragage … Petitioner V/s. State of Maharashtra and Ors. … Respondents WITH WRIT PETITION NO.1588 OF 2021 2021 L Shri. Maruti Ramaji Rodat (Jadhav) … Petitioner V/s. State of Maharashtra and Ors. … Respondents Mr. Dhananjay Chavan a/w Mr. Vijay Garad i/b. Mr. Rajendra A. Choudhary, Advocate for the Petitioners. i∕b. Mr. Rajendra A. Mr. S.B. Kalel, AGP for the Respondent - State. CORAM : SMT. SADHANA S. JADHAV & SARANG V. KOTWAL, JJ. A S. TWA JADHAV & L, JJ. 25th AUGUST 2021. DATED : P.C. : In all these petitions, a common order is passed today because it involves the same question; only the factual aspect differs for each petitioner. The petitioners are Project Affected Persons whose lands were acquired for Koyna Dam Project way back in the year 1961. All these petitioners are still waiting for allotment of lands in lieu of the lands which were acquired. The petitioners have made applications before the authorities as follows :- Sr. No. Name Date of application 1. Shri. Ramchandra Shankar Sutar (WP/1356/2021) 24.07.2020 2. Shri. Uttam Tukaram Sutar (WP/1354/2021) 29.07.2020 3. Shri. Bhagwan Babaji Dhawale (WP/1343/2021) 20.05.2020 4. Shri. Dilip Gaurihar Dhawale (Dhangar) (WP/1362/2021) 29.05.2020 5. Sou. Munni Adesh Deshmukh (WP/1359/2021) 29.06.2020 6. Sou. Anusaya Dhondiba Maragage (WP/1357/2021) 29.05.2020 7. Shri. Govind Krishna Jadhav (WP/1344/2021) 24.07.2020 8. Sou. Anusaya Dhondiba Maragage (WP/1361/2021) 29.05.2020 9. Shri. Maruti Ramaji Rodat (Jadhav) (WP/1588/2021) 24.06.2020 10. Sou. Anusaya Dhondiba Maragage (WP/1352/2021) 29.05.2020 The Petitioners have mentioned in their applications that lands in different survey numbers situated in village Kundevahal, Taluka Panvel, District Raigad be allotted to them. The said applications are still not decided. The petitioners have prayed for allotment of lands. Applications are pending for quite sometime. The petitioners have not been given alternate lands for many years. Therefore, in the interest of justice, we are directing the Respondent Nos.2 and 3 to decide the applications of the petitioners for allotment of alternate lands of their choice within 8 weeks from today. With these directions, the petitions are disposed of. (SARANG V. KOTWAL, J) (SMT. SADHANA S. JADHAV, J)

Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION BEFORE THE NATIONAL LOK ADALAT WRIT PETITION NO. 8623 OF 2021 Ankush Bapurao Thakur $V/s.$ The Deputy Collector & Ors. ...Petitioner ....Respondent Mr. Nitin Padmakar Deshpande – Adv. for the Petitioner. Mr. B. V. Samant, AGP for State. Uttam R. Patil – DRO Pune. CORAM : S. M. MODAK, J. D. S. DESHMUKH, REGISTRAR (JUDICIAL-II) V. A. SATHE, DY. REGISTRAR, OSD AT CPC DATE : $11^{text{th}}$ DECEMBER, 2021 $overline{P}C$ .: Remove from board. $1.$ Place the matter before Regular Court. $2.$ (V. A. SATHE) (D. S. DESHMUKH) (S. M. MODAK, J.) O.S.D. at CPC Registrar (Judl.-II) (Judge)

Order - Status 6: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8623 OF 2021 Ankush Bapurao Thakur ...Petitioner V/s. The Deputy Collector Resettlement Pune District Pune and Ors. ...Respondents Mr. Nitin P. Deshpande, for the Petitioner. Mr. R. S. Pawar, A.G.P. for the Respondent / State. CORAM : PRASANNA B. VARALE AND SHRIKANT D. KULKARNI, JJ. DATE : 09 JUNE 2022 P.C. . Heard the learned counsel for the Petitioner. Issue notice to the Respondents returnable on 30 June 2022. Learned A.G.P. waives notice for all the Respondents. (SHRIKANT D. KULKARNI, J.) (PRASANNA B. VARALE, J.)

Order - Status 8: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 8623 OF 2021 Ankush Bapurao Thakur PETITIONER V/S The Deputy Collector And Ors RESPONDENT CORAM : HON'BLE SHRI JUSTICE R.D. DHANUKA & HON'BLE SHRI JUSTICE M. G. SEWLIKAR, JJ DATE : 30th June, 2022 P.C. : Balance Daily Board cannot be taken up today on account of paucity of time. Stand over to 12/08/2022 . Ad-interim relief or interim relief, if any, granted earlier will continue to operate till next date. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 11: UMESH SHRINIWAS MALANI Digitally signed by UMESH SHRINIWAS MALANI Date: 2022.08.20 13:31:24 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8623 OF 2021 *** *** Ankush Bapurao Thakur ...Petitioner Versus The Deputy Collector (Rehabilitation) Pune & Ors. ...Respondents None for the petitioner. CORAM : PRASANNA B. VARALE & KISHORE C. SANT, JJ. DATE : AUGUST 12, 2022. P. C. : Matter is moved before this Court by way of a praceipe. In view of urgency, order is passed on praceipe itself. None for the petitioner. List the petition as per its own turn. (KISHORE C. SANT, J.) (PRASANNA B. VARALE, J.)

Order - Status 12: SHRIKANT SHRINIVAS MALANI Digitally signed by SHRIKANT SHRINIVAS MALANI Date: 2022.08.26 16:53:33 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8623 OF 2021 Ankush Bapurao Thakur ...Petitioner Versus The Deputy Collector (Resettlement) Pune, & Ors. ...Respondents *** Ms. Rachana Harpale i/by Mr. Nitin P. Deshpande, Advocate for the Petitioner. Mr. V. S. Gokhale, B Panel Counsel (AGP), for the Respondent State. *** CORAM : PRASANNA B. VARALE & KISHORE C. SANT, JJ. DATE : AUGUST 25, 2022. P. C. : Matter is moved before this Court by way of a praceipe. In view of urgency, order is passed on praceipe itself. Heard learned Counsel for Petitioner. Issue notice to the Respondents, making the same returnable on 06th October, 2022. Learned AGP waives notice for Respondent – State. Learned Counsel for Petitioner is permitted to serve the private Respondents, by way of any legally permissible mode of service, apart from Court service and to place on record service affidavit before next date. (KISHORE C. SANT, J.) (PRASANNA B. VARALE, J.)

Order - Status 15: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8623 OF 2021 Ankush Bapurao Thakur ...Petitioner Versus The Deputy Collector Resettlement Pune District Pune And Ors. ...Respondents Ms. Kanchan Phatak i/b Mr. Nitin Deshpande, for Petitioner. Mr. V.S. Gokhale, 'B' Panel Counsel for the Respondents-State. ---- CORAM : R.D.DHANUKA, AND M.M.SATHAYE, JJ. DATE : 18th JANUARY 2023 P.C. Rule. Rule is made returnable forthwith. Learned AGP waives service for the Respondent/State. Taken up for final disposal by consent. This petition is filed under Article 226 of the Constitution of India seeking direction to the Respondents-State to delete the entries of 'reservation for project affected persons' from the other rights column of 7/12 extracts of the Petitioner's land admeasuring 2 Hectares and 72 Ares from Gat No. 112, situated at Village Takali Bhima, Taluka Daund, District – Pune. It is the case of the Petitioner that the subject matter land is falling in the benefited zone and as such it is kept under reservation SNEHA NITIN CHAVAN Digitally signed by SNEHA NITIN CHAVAN Date: 2023.01.19 12:19:47 +0530 vide M. E. No. 505, for the allotment of project affected persons of Bhama-Askhed Irrigation project. It is further case of the Petitioner that because of such endorsement, he cannot deal with his land and Government has also not taken steps in last 24 years for acquisition and allotment of this land to the project affected persons. As a result, there is indefinite fetter/restriction on the Petitioner's right to enjoy subject matter land. Learned counsel for the Petitioner has invited our attention to various earlier orders passed by this Court viz. Order dated 17.09.2013 passed in Writ Petition No. 5207 of 2013, Order dt. 17.10.2018 passed in Writ Petition No. 2821 of 2018, Order dt. 14.08.2019 passed in batch of Writ Petitions with leading Writ Petition No. 5763 of 2017, Order dt. 17.02.2020 passed in Writ Petition No. 1578/2020 1567, 1474, 1475 and 1476 all of 2020, Order dt.27.10.2020 passed in group of Writ Petitions with leading Writ Petition No. 5077 of 2020, Order dt. 05.08.2021 passed in Writ Petition No.2508 of 2021, Order dt. 11.08.2021 passed in Writ Petition No. 8629 of 2018, Order dt. 07.10.2021 passed in Writ Petition No. 1601 of 2021 and Writ Petition No. 716 of 2021, Order dt. 15.11.2021 passed in group of Writ Petitions with leading Writ Petition No. 1332 of 2021 and latest Order dt. 02.03.2022 passed in group of Writ Petitions with leading Writ Petition No. 5507 of 2021. Perusal of all these orders show that this Court has taken consistent view that private lands of the citizens like Petitioner cannot be kept under continuous and indefinite fetter, without initiating any action for allotment to project affected persons. If the Respondent-State wants to allot any of these lands to project affected persons, necessary steps must be taken and completed in time bound manner, otherwise the subject matter land must be released from such endorsements on 7/12 extract. Learned AGP for the Respondent-State could not distinguish facts of the present matter from the facts of the above said cases. We are therefore, of the view that this matter is covered by aforesaid Judgments and Orders taking consistent view. In that view of the matter, we pass the following order : (i) The State Government is directed to complete the process of allotting the Petitioner's land which is declared as part of the benefited zone, for allotment to the project affected persons, if required, and the said process shall be completed within six months from today, without fail. (ii) It is further directed that if the Petitioner's land is not allotted as stated above, the mutation entries effected in its 7/12 extracts about reservation for project affected persons, be deleted without further reference to the Court within two weeks from the date of expiry of six months. It is directed that no further extension of time would be granted for the same. (iii) It is further directed that if the entire process of allotment of Petitioner's land is not over within a period of six months from today as stated above, the Petitioner whose land has been placed under the benefited zone, would be at liberty to deal with his said land in the manner he desires and the State Government shall not initiate any acquisition proceedings in respect of the Petitioner's land which is subject matter of this petition, after expiry of six months. (iv) It is further made clear that the Government Resolution dated 18th January, 2022 and 11th February, 2022 shall be read with this order, so far as its application to the Petitioner's land is concerned. (v) The Writ Petition is disposed of. Rule is made absolute in above terms. There shall be no order as to costs. (vi) All concerned to act on an authenticated copy of this order. [M.M.SATHAYE, J.] [R.D.DHANUKA, J.]

Order - Status 4: SWAROOP SHARAD PHADKE Digitally signed by SWAROOP SHARAD PHADKE Date: 2022.02.20 14:56:49 +0530 R.M. AMBERKAR (Private Secretary) 10. civil ia 845-22.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 845 OF 2022 IN WRIT PETITION NO. 4542 OF 2021 WITH WRIT PETITION NO. 4542 OF 2021 The Deputy Director of Land Records, Pune Division, Pune .. Applicant IN THE MATTER BETWEEN Tulshiram Bapu Kadu & Ors. .. Petitioners Versus State of Maharashtra & Ors. .. Respondents .................... Mr. Sumit V. Khaire for the Petitioners Mr. S.S. Panchpor, AGP for the State CORAM : S.J. KATHAWALLA & MILIND N. JADHAV, JJ. DATE : FEBRUARY 18, 2022 P.C.: . Heard the learned Advocates appearing for the parties. 2. Perused the above Interim Application. For the reasons set out therein, time granted to the Applicant to decide Appeal Nos. 4128 of 2017 and 4130 of 2017 is extended by a period of four weeks from today. ................... 3. If notices are to be served on the concerned parties, the same shall be served by hand delivery. 4. It is clarified that no further extension shall be granted. 5. In view of the above, the Interim Application is disposed of. [ MILIND N. JADHAV, J. ] [S.J. KATHAWALLA, J.]

Order - Status 4: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 1349 OF 2021 Ramchandra Dhondiba Dhawale ... Petitioner. V/s. State of Maharashtra and Ors. … Respondents. WITH CIVIL WRIT PETITION NO. 4987 OF 2021 Govind Krishna Bhanage. ... Petitioner. V/s. State of Maharashtra and Ors. … Respondents. WITH CIVIL WRIT PETITION NO. 4985 OF 2021 Vinod Shankar Bhatose. ... Petitioner. V/s. State of Maharashtra and Ors. … Respondents. WITH CIVIL WRIT PETITION NO. 4989 OF 2021 Hariba Tanaji Bhatose. ... Petitioner. V/s. State of Maharashtra and Ors. … Respondents. WITH CIVIL WRIT PETITION NO. 4986 OF 2021 Shri Narayan Raghu Sapkal. ... Petitioner. V/s. State of Maharashtra and Ors. … Respondents. WITH CIVIL WRIT PETITION NO. 4988 OF 2021 Shri Ramesh Vithal Gaikwad (Barbar). ... Petitioner. V/s. State of Maharashtra and Ors. … Respondents. WITH CIVIL WRIT PETITION NO. 4991 OF 2021 Shri Bajrang Ganpat Jadhav(Rodat). ... Petitioner. V/s. State of Maharashtra and Ors. … Respondents. WITH CIVIL WRIT PETITION NO. 1347 OF 2021 Nasima Abdul Deshmukh. ... Petitioner. V/s. State of Maharashtra and Ors. … Respondents. WITH CIVIL WRIT PETITION NO. 1353 OF 2021 Krishana Haribhau Kadam. ... Petitioner. V/s. State of Maharashtra and Ors. … Respondents. WITH CIVIL WRIT PETITION NO. 4982 OF 2021 Raziya Bashir Deshmukh.. ... Petitioner. V/s. State of Maharashtra and Ors. … Respondents. WITH CIVIL WRIT PETITION NO. 1363 OF 2021 Deepak Vithal Sutar. ... Petitioner. V/s. State of Maharashtra and Ors. … Respondents. WITH CIVIL WRIT PETITION NO. 1350 OF 2021 Lilabai Bhimrao Kadam. ... Petitioner. V/s. State of Maharashtra and Ors. … Respondents. WITH CIVIL WRIT PETITION NO. 1358 OF 2021 Bhambu Govind Dhawale. ... Petitioner. V/s. State of Maharashtra and Ors. … Respondents. WITH CIVIL WRIT PETITION NO. 4990 OF 2021 Shri Chandrakant Ramji Jadhav. ... Petitioner. V/s. State of Maharashtra and Ors. … Respondents. WITH CIVIL WRIT PETITION NO. 4981 OF 2021 Shri Madhukar Sitaram Bhatose. ... Petitioner. V/s. State of Maharashtra and Ors. … Respondents. WITH CIVIL WRIT PETITION NO. 4983 OF 2021 Ramchandra Dhau Dhawale. ... Petitioner. V/s. State of Maharashtra and Ors. … Respondents. WITH CIVIL WRIT PETITION NO. 4984 OF 2021 Yogesh Bhivram Jadhav. ... Petitioner. V/s. State of Maharashtra and Ors. … Respondents. Mr. Dhananjay Chavan a/w. Mr. Vijay R. Garad i/b. Mr. R.A. Choudhari, advocate for Petitioners. Mr. V.M. Mali, AGP for State in WP Nos. 1349/2021, 4988/2021, 1353/2021, 1350/2021. Ms. Ashwini A. Purav, AGP for State in WP Nos. 4985/2021, 4991/2021, 1347/2021, 1358/2021. Ms. R.M. Shinde, AGP for State in WP Nos. 4986/2021, 4989/2021, 4990/2021. Ms. M.S.Bane, AGP for State in WP Nos. 4987/2021, 4982/2021, 4990/2021, 4981/2021. Mr. Siddhesh Kalel, AGP for State in WP Nos. 4988/2021, 4983/2021 and 4984/202. CORAM : SMT. SADHANA S. JADHAV & SARANG V. KOTWAL, JJ. DATE : SEPTEMBER 2, 2021. ARUNA S TALWALKAR Digitally signed by ARUNA S TALWALKAR Date: 2021.09.07 10:52:06 +0530 P.C. 1 In all these petitions, a common order is passed today because it involves the same question; only the factual aspect differs for each petitioner. 2 The petitioners are Project Affected Persons whose lands were acquired for Koyna Dam Project way back in the year 1961. All these petitioners are still waiting for allotment of lands in lieu of the lands, which were acquired. The petitioners have made applications before the authorities as follows :- Sr. No. Name Date of application 1 Shri Ramchandra Dhondiba Dhawale(WP/1349/2021) 29/5/2020 2 Shri Govind Krishna Bhanage(WP/4987/2021) 29/7/2020 3 Shri Vinod Shankar Bhatose(WP/4985/2021) 24/6/2020 4 Shri Hariba Tanaji Bhatose(WP/4989/2021) 24/6/2020 5 Shri Narayan Raghu Sapkal(WP/4986/2021) 24/6/2020 6 Shri Ramesh Vithal Gaikwad(Barbar)(WP/4988/2021) 24/6/2020 7 Shri Bajarang Ganpat Jadhav(RODAT)(WP/4991/2021) 24/6/2020 8 Sou. Nasima Abdul Deshmukh(WP/1347/2021) 29/6/2020 9 Shri Krishana Haribhau Kadam (WP/1353/2021) 29/7/2020 10 Sou. Raziya Bashir Deshmukh(WP/4982/2021) 2/6/2020 11 Shri Deepak Vithal Sutar (WP/1363/2021) 29/7/2020 12 Sou. Lilabai Bhimrao Kadam (WP/1350/2021) 29/5/2020 13 Shri Bhambu Govind Dhawale (WP/1358/2021) 29/5/2020 14 Shri Chandrakant Ramji Jadhav (WP/4990/2021) 24/6/2020 15 Shri Madhukar Sitaram Bhatose(WP/4981/2021) 24/6/2020 16 Shri Ramchandra Dhau Dhawale(WP/4983/2021) 29/5/2020 17 Shri Yogesh Bhivram Jadhav (WP/4984/2021) 5/10/2020 The Petitioners have mentioned in their applications that lands in different survey numbers situated in village Kundevahal, Taluka Panvel, District Raigad be allotted to them. 3 The said applications are still not decided. The petitioners have prayed for allotment of lands. Applications are pending for quite sometime. The petitioners have not been given alternate lands for many years. Therefore, in the interest of justice, we are directing the Respondent Nos. 2 and 3 to decide the applications of the petitioners for allotment of alternate lands of their choice within 8 weeks from today. With these directions, the petitions are disposed of. (SARANG V. KOTWAL, J) (SMT. SADHANA S. JADHAV, J)

Order - Status 4: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 1201 OF 2022 Abdul Aziz Mahammud Sayed Fakih Since Dec Thr His Legal Heirs ....PETITIONER V/S Shripat Kathod Tambde Since Dec Thr Lrs ....RESPONDENT Mr Sanjay S Patil Advocate for Petitioner. { Mentioned at 3.50 p.m. } Ms Kavita N Solunke - AGP for Respondent - State. CORAM : HON'BLE SHRI JUSTICE R.D. DHANUKA & HON'BLE SHRI JUSTICE SHRIRAM MADHUSUDAN MODAK, JJ DATE : 22nd February, 2022 P.C. : S. O. to 23/02/2022 ( H. O. B.). ( FOR REGISTRAR JUDICIAL - I )

Order - Status 6: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1201 OF 2022 Abdul Aziz Mohd.Sayed Fakih, since deceased through His L.Rs. & Ors. ...Petitioners V/s. Shripat K.Tambde, since deceased through His L.Rs. & Ors. ...Respondents Mr.Sanjay S. Patil for the Petitioners. Mr.R.S. Pawar, AGP for the Respondent for the State - Respondent Nos.4 and 5. CORAM : R.D. DHANUKA & S.M. MODAK, JJ. DATE : 23RD FEBRUARY, 2022. P.C. :- Mr.Pawar, learned AGP for the State seeks time to take instructions and to file affidavit in reply. The grievance of the petitioners is that though the land of the petitioners is the subject matter of the impugned award, the compensation is awarded in favour of the respondent nos.1 to 3. Statement is accepted. Issue notice upon the respondent nos.1 to 3, returnable on 6 th April, 2022. Hamdast is permitted. In addition to the Court notice the petitioners are permitted to serve the respondent nos.1 to 3 by private service by all permissible modes of services in accordance with law. Learned AGP waives service for the respondent nos.4 and 5. The respondent nos.4 and 5 shall not release any payment of compensation in favour of the respondent nos.1 to 3 till next date. Place the matter on board for admission on 6th April, 2022. (S.M. MODAK, J.) (R.D. DHANUKA, J.) Digitally signed by VASANT ANANDRAO IDHOL Date: 2022.02.24 12:13:36 +0530

Order - Status 8: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1201 OF 2022 Abdul Aziz Mohammud Sayed Fakih Since deceased Through LRs. … Petitioner Versus Shripat Kathod Tambde Since deceased Through LRs. … Respondent Mr. Sanjay S. Patil, Advocate for the Petitioner. Mr. R. S. Pawar, AGP for the Respondents/State. CORAM: S.V. GANGAPURWALA & VINAY JOSHI, JJ. DATED : APRIL 6, 2022 P.C. Await service. Stand over to 4 th May 2022. Interim order passed earlier to continue till then. (VINAY JOSHI, J.) (S.V. GANGAPURWALA, J.) RAJU DATTATRAYA GAIKWAD Digitally signed by RAJU DATTATRAYA GAIKWAD Date: 2022.04.08 15:20:58 +0530

Order - Status 10: 48-wp1201-22.doc vai VASANT ANANDRAO IDHOL Digitally signed by VASANT ANANDRAO IDHOL Date: 2022.05.06 15:02:27 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1201 OF 2022 Abdul Mohd.Sy.Fakih, since deceased through his L.Rs. ...Petitioners V/s. Shripat K. Tambde, since deceased through his L.Rs. & Ors. ...Respondents Mr.Sanjay Patil for the Petitioners. Mrs.M.S. Bane, AGP for the State - Respondent. CORAM : S.V. GANGAPURWALA & M.G. SEWLIKAR, JJ. DATE : 4TH MAY, 2022. P.C. :- Await service. Returnable date is extended to 12th July, Ad-interim order passed by this Court to continue till then. (M.G. SEWLIKAR, J.) (S.V. GANGAPURWALA, J.)

Order - Status 12: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 1201 OF 2022 Abdul Aziz Mahammud Sayed Fakih Since Dec Thr His Legal Heirs ....PETITIONER V/S Shripat Kathod Tambde Since Dec Thr Lrs ....RESPONDENT CORAM : HON'BLE SHRI JUSTICE R.D. DHANUKA & HON'BLE SHRI JUSTICE M. G. SEWLIKAR, JJ DATE : 12th July, 2022 P.C. : Balance Daily Board cannot be taken up today on account of paucity of time. Stand over to 12/09/2022 . Ad-interim relief or interim relief, if any, granted earlier will continue to operate till next date. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 14: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 1201 OF 2022 Abdul Aziz Mahammud Sayed Fakih Since Dec Thr His Legal Heirs ....PETITIONER V/S Shripat Kathod Tambde Since Dec Thr Lrs ....RESPONDENT CORAM : HON'BLE SHRI JUSTICE NITIN JAMDAR & HON'BLE JUSTICE SHARMILA U. DESHMUKH, JJ DATE : 12th September, 2022 P.C. : Due to paucity of time the matter is adjourned to 28/09/2022 In case any ad-interim/interim relief is operating till today, the said order will continue to operate till the next date. If ad-interim/interim relief is not granted for a limited period, the said order will remain unaffected. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 16: BIPIN DHARMENDER PRITHIANI Digitally signed by BIPIN DHARMENDER PRITHIANI Date: 2022.09.29 14:57:41 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1201 OF 2022 Abdul Aziz Mahammud Sayed Fakih … Petitioner Versus Shripat Kathod Tambde & Ors. … Respondents ****** Mr. Sanjay Patil for the Petitioner. Mr. Prithviraj Gole for the Respondent Nos. 1 to 3. Mr. S. B. Kalel, AGP for the State. ****** CORAM: S. V. GANGAPURWALA & R. N. LADDHA, JJ. DATE : 28th SEPTEMBER, 2022 P.C. :- . The matter is mentioned in the morning. The matter as per the roster would be before the coordinate bench. The coordinate bench is not available. The petitioner seeks continuation of the interim order passed earlier. The learned advocate for the respondent nos. 1 to 3 is present and the learned AGP is also present. At the request of parties, place the matter on 11th October, 2022. Interim order passed earlier shall continue till then. [R. N. LADDHA, J.] [S. V. GANGAPURWALA, J.]

Order - Status 19: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1201 OF 2022 Abdul Azia Mahammud Sayed Fakih (Since deceased through his LRs) Vazir Begam Aziz Mahammud Sayed Fakih (Since deceased through her LRs) 1 Tahera Mahammud Yousuf Hendade and Ors. .. Petitioners Versus Shripat Kathod Tambde (Since deceased through his LRs) 1 Vasant Shripat Tambde and Ors. .. Respondents …... Mr.Sanjay Patil, Advocate for the Petitioners. Mr.Sandesh Patil i/b. Mr.Chintan Shaha, Advocate for Respondent Nos. 1 to 3. Mr.R.S. Pawar, AGP for the Respondent – State. …... CORAM : NITIN JAMDAR AND SHARMILA U. DESHMUKH, JJ. DATED : 11 October 2022. RAJESHRI PRAKASH AHER Digitally signed by RAJESHRI PRAKASH AHER Date: 2022.10.15 16:37:07 +0530 P.C. : The learned counsel for Respondents raised a preliminary objection that the Petitioners have an alternate remedy under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013, where the Petitioners can make a reference to the concerned authority. 2 Learned counsel for the Petitioner accepts and states that the Petitioners will approach the concerned authority and prays that the ad–interim order granted in this Petition be continued for some time to enable the Petitioners to approach the concerned authority. Considering the above submissions, and the fact that ad–interim order is operating since February 2022, while we dispose of the Petition, we continue the position under ad–interim order dated 23 February 2022, for a period of four weeks. 3 The contentions of the parties are kept open and continuation of ad–interim order will not be construed as reflection on the merits of the rival contentions. 4 Writ Petition is accordingly disposed of. SHARMILA U. DESHMUKH, J. NITIN JAMDAR, J.