RAJARAM ABASAHEB DESHMUKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned common judgment and order dated 29.04.2022 passed by the High Court of Judicature at Bombay in Writ Petition No. 2876/2022 and Writ Petition (WP) No. 9109/2021, by which, the High Court has allowed WP No. 9109/2021 preferred by respondent Nos. 1 to 4 herein (in Civil Appeal arising out of WP No. 9109/2021) and has quashed and set aside orders dated 02.01.2020 and 17.02.2020 passed by the Deputy Collector, Pune Division and consequently dismissed WP No. 2876/2022, the original writ petitioner in WP No. 2876/2022 contesting respondent No. 1 in WP No. 9109/2021 has preferred the present appeals.

(2.) The facts leading to the present appeals in a nutshell are as under:-

(3.) Shri Nikhil Goel learned counsel appearing on behalf of respondent No. 1 - Kaluram Jadhav (in Civil Appeal arising out of WP No. 9109/2021) has submitted that pursuant to the impugned judgment and order passed by the High Court the Additional Collector has passed a fresh order which is in favour of respondent No. 1. It is submitted that at the relevant time the Deputy Collector exercised the powers of allotment as delegatee. However, subsequently and before orders dated 02.01.2020 and 17.02.2020 were passed the powers/authorities of Deputy Collector of Pune Division of allotment was taken away and therefore, the High Court has rightly observed that orders dated 02.01.2020 and 17.02.2020 were coram nonjudice. It is submitted that therefore as such no error has been committed by the High Court in quashing and setting aside orders dated 02.01.2020 and 17.02.2020 and thereafter directing the Additional Collector to take a decision afresh with regard to allotment of the land in question.