1wp-6721-2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION No.6721/2009 Smt Keshar Ramesh Gavnde & others ..Petitioners. vs. State of Maharashtra and others ..Respondents. Mr Jahagirdar i/b Mr R.D. Suryawanshi for the petitioners. Mr S.R.Nargolkar, A.G.P., for Respondent Nos. 1,2 and 4. Mr A.R. Pitale, Advocate for Respondent No.3. Mr Rafiq Dada, Senior Advocate i/b Mr S. Mohammadbhai & Co.for Respondent No.5. CORAM: D.K. DESHMUKH AND A.R.JOSHI,JJ DATED: 4TH FEBRUARY,2010 P.C.:- 1. By this petition, the principal relief, that is claimed by the petitioner reads as under: 2wp-6721-2009 (a) For a writ of mandamus, or writ in the nature of the mandamus or any other appropriate writ, order or direction, with respect to land bearing Survey No.120, Hissa No.10-A, 10-B, 10-C and 10-D situate at village Kolshet,Thane District Thane 7/12 extract of which are annexed to the petition and marked as Exhibit-A . (i) directing the respondent No.2 to forthwith grant lands vested in the State Government to the petitioners under the provisions of Section 36-A sub-section 6 of the Maharashtra Land Revenue Code, 1966 read with Maharashtra Restoration of Land to Scheduled Tribes Act, 1974, on payment of prescribed purchase price and subject to an undertaking that within a period of 6 months from the date of grant of the land to them they would personally start cultivating the land granted to them by demolishing the structures standing on the land granted to them. 2. We have heard the learned counsel for the petitioners. We have perused the record. Perusal of Section 36 of the Maharashtra Land Revenue Code, 1966 ( the Code for short) shows that for starting the proceedings under that provisions there has to be a transfer of land. Even, according to the petitioners, there is no transfer of the land. It is further to be seen that the petitioners are claiming that the land should be granted to them under sub- 3wp-6721-2009 Section (6) of Section 36-A of the Code. Perusal of that provision shows that for grant of land under sub Section (6) of Section 36-A land should first be vested in the State Government, under sub Section (5) of Section 36-A. We have not been shown any order by which the land vests in the State Government. We find, therefore, that this is a frivolous petition unnecessarily filed in this Court. We are also informed that there are already civil suits filed by both sides in a civil court, which are pending. In this view of the matter, in our opinion, no interference is called for. Petition is hereby rejected. (JUSTICE D.K. DESHMUKH,J) (JUSTICE A.R.JOSHI,J)