-: 1 :- wp 8431 /11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8431 OF 2011 1. Krishna Vishnu Deshmukh Since deceased through L.R 1A-Indubai K.Dehsmukh and Petitioner Nos. 2 to 7 herein. ] ] ] ] ] ] ] ] ] ] ] ] ] ] ] ] ] ] ] ] ] ] ..Petitioners. 2. Anand Krishna Deshmukh. 3. Madhukar B. Deshmukh. 4. Prakash B. Deshmukh. 5. Nandu B. Deshmukh. 6. Dilip B. Deshmukh. 7. Maruti K. Deshmukh 8. Jagnnath M. Deshmukh. 9. Dattatray Bhikaji Deshmukh 10. Kashinath Dagadu Deshmukh 11. Raju Kashinath Deshmukh. All R/o: Nandgaon, Tal : Maval, Dist : Pune. Through P/A holder : Khurshid Saifuddin Bhoari. Versus 1. State of Maharashtra ] ] ] ] ] ..Respondents. 2. Collector of Pune. 3. The Secretary, Department of Revenue & Forest. Mr. P. S. Dani i/b Mr. C. G. Patil for the petitioners. Ms. Aparna Vatkar for the respondents. srp -: 2 :- wp 8431 /11 Coram : RANJIT MORE, J. Date : October 17, 2011. P. C. : 1. The petition pertains to the proceedings for re-grant of “Deshmukh Watan Lands”, bearing Survey Nos. 138 and 154 of village Nandgaon, taluka Maval, district Pune, under the provisions of Watan Abolition Act, 1955 and the Bombay Merged Territories Miscellaneous Alienations Abolition Act, 1955. 2. There are conflicting reports by SDO and Collector. The SDO’s report dated 19/3/1996 discloses that the lands in question are Inam land and are required to be re-granted under the provisions of aforesaid Acts. The Collector’s report dated 9/1/1998, on the contrary, shows that the said lands are not Inam lands and therefore there is no question of re-granting the same. Parties are not at dispute that both the above reports are given without conducting any enquiry under section 20(2) of the Maharashtra Land Revenue Code, 1966 [for short “the Code”]. 3. On 20/8/2007, the Division Bench of this Court in Writ Petition No. 687 of 2006 passed the order and remanded the matter back to the Revenue Minister to take appropriate decision. In pursuance of this order, the Revenue Minister has passed the impugned order and request made by the petitioners for re-grant of land is refused. -: 3 :- wp 8431 /11 4. Paragraph no.2 of the impugned order of the Revenue Minister discloses that the Minister has considered the Collector’s letter dated 25/7/1996 and the review/fresh report dated 18/1/1997. Though the said order makes reference to the enquiry under section 20(2) of the Code, learned AGP is unable to show that such an enquiry was in fact conducted. In these circumstances, learned AGP agrees for setting aside the impugned order and to dispose of the petition in the following terms. -: O R D E R :- (I) Order dated 9th September 2011 passed by the Revenue Minister, which is annexed at Exhibit-E to the petition, is quashed and set aside. (II) The Petitioner is at liberty to apply to the Collector, Pune for re-grant of the land in question, namely, Survey Nos. 138 and 154 of village Nandgaon, taluka Maval, district Pune. (III) In the event, petitioner makes such an application within a period of 4 weeks from today, the Collector, Pune shall dispose of the same after considering the provisions of the above-stated Acts and conducting an enquiry u/s 20(2) of the Code, as expeditiously as possible and -: 4 :- wp 8431 /11 preferably within 6 months from the date of filing thereof. (IV) It is expressly made clear that the Collector shall decide the said application and hold the enquiry under section 20(2) of the Code independently, on its own merits and without being influenced by the order impugned in the writ petition. (V) All points and contentions of the parties are kept open to be agitated before the Authorities. (RANJIT MORE, J.)