WPs 1376/11, 1380/11, 1377/11, 1378/11, 1379/11, 1381/11, 1382/11, 1383/11 - 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.1376/2011 Subhash Laxman Kanise. ...Petitioner.. Versus The State of Maharashtra & others. ...Respondents... =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- WRIT PETITION NO.1380/2011 Vinayak Lahanu Pathrikar & another. ...Petitioners.. Versus The State of Maharashtra & others. ...Respondents.. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= WRIT PETITION NO.1377/2011 Sunil Narayanrao Pathrikar. ...Petitioner.. Versus The State of Maharashtra & others. ...Respondents.. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= WPs 1376/11, 1380/11, 1377/11, 1378/11, 1379/11, 1381/11, 1382/11, 1383/11 - 2 - WRIT PETITION NO.1378/2011 Mohd.Afsar Sahamim Mohd.Gaus. ...Petitioner.. Versus The State of Maharashtra & others. ...Respondents.. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=--=-=-=- WRIT PETITION NO.1379/2011 Bhikan Kacharu Muley. ...Petitioner.. Versus The State of Maharashtra & others. ...Respondents.. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=--== WRIT PETITION NO.1381/2011 Kakaji Banduji Pathrikar. ...Petitioner.. Versus The State of Maharashtra & others. ...Respondents.. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= WRIT PETITION NO.1382/2011 Shaikh Juber Shaikh Baba & another. ...Petitioners... Versus The State of Maharashtra & others. ...Respondents.. =-=-=-==--=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= WPs 1376/11, 1380/11, 1377/11, 1378/11, 1379/11, 1381/11, 1382/11, 1383/11 - 3 - WRIT PETITION NO.1383/2011 Bhagirath Madanlal Chandak & another. ...Petitioners... Versus The State of Maharashtra & others. ...Respondents.. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri V.P. Latange, Advocate for petitioners in all WPs except WP 1380/2011. Shri S.S. Choudhary, Advocate h/f Shri V.P. Latange, Advocate for petitioners in WP 1380/2011. Smt.A.V. Gondhalekar, AGP for respondent nos.1 to 4. ..... CORAM: D.B. BHOSALE & M.T. JOSHI, JJ. DATE: 20.04.2011 PER COURT : 1] Heard learned counsel for the parties in these petitions. 2] In this group of writ petitions, the petitioners have impugned the order dated 19.1.2011 passed by respondent no.3 – Collector, Aurangabad. By this order, in short, the Collector has directed the parties to maintain status quo until further orders insofar as the lands purchased by the petitioners and other similarly placed WPs 1376/11, 1380/11, 1377/11, 1378/11, 1379/11, 1381/11, 1382/11, 1383/11 - 4 - persons are concerned. 3] The agricultural lands involved in this group of petitions, according to the petitioners, were allotted to the persons as occupants Class-II i.e. on restricted tenure and from them they have purchased these lands after obtaining the permission of the Resident Deputy Collector. The order dated 19.1.2011 impugned in the present writ petitions records that the Resident Deputy Collector had no jurisdiction and/or was not competent to grant permission for sale of those lands. The Collector has recorded his reasons for reaching prima facie conclusion, and in exercise of his powers u/s 257(3) of the Land Revenue Code, directed the parties not to take further steps in pursuance of the permission granted by the Resident Deputy Collector for sale. In other words, he has directed the parties to maintain status quo until further orders in respect of all the lands including the lands purchased by the petitioners, until further orders. 4] Learned AGP, on instructions, submits that the Collector will give hearing to all the petitioners before passing final order. In other words, she submits that the order dated 19.1.2011, impugned in the present writ petitions, is not the final order. She further submits that the petitioners will be given notices and will be heard before cancelling / setting aside the orders passed by the Resident Deputy Collector granting permission to sell the lands involved in these petitions. She further submits that the Divisional Commissioner, Aurangabad Division, WPs 1376/11, 1380/11, 1377/11, 1378/11, 1379/11, 1381/11, 1382/11, 1383/11 - 5 - Aurangabad, vide order dated 5.3.2011, has appointed Additional Collector, Beed, as competent officer to finally decide 105 matters mentioned in the impugned order. In view thereof, we dispose of these petitions by the following order. The Additional Collector, Beed, shall grant opportunity of hearing to the petitioners and all other concerned before passing final order in respect of the sale permission granted by Resident Deputy Collector. He shall also allow the petitioners and other similarly placed persons to produce on record the documents in support of their claim / contentions. It is open to the petitioners and the other similarly placed persons to raise all contentions, as raised in the present writ petitions before the Additional Collector, Beed. We hope that the Additional Collector, Beed, shall decide all the issues / questions, that will be raised by the petitioners in the course of hearing by speaking order. Till then, the petitioners, as mentioned in the order dated 19.1.2011, shall maintain status quo. With these observations, the writ petitions are disposed of. (M.T. JOSHI, J.) (D.B. BHOSALE, J.) ndk/c2041113