RAJPUT KHENGARJI NATHAJI Vs. SECRETARY REVENUE DEPARTMENT

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, petitioner has prayed for appropriate writ, direction or order quashing and setting aside the impugned notification dated 25.03.1994, by which certain survey numbers/lands mentioned in the schedule to the said notification is directed to be included within the local limits of Ganeshpura village Kasba from local limits of village Kholavada.

(2.) At the outset, it is required to be noted that the impugned notification is of the year 1994 and certain survey numbers/lands which were in the local limits of village Kholavada is deleted from Kholavada village Panchayat and are directed to be included within the local limits of Ganeshpura village Kasba. No interim relief has been granted till date and therefore, the impugned notification is implemented since 1994 and the survey numbers/lands in the schedule to the said notification are in the local limits of Ganeshpura Gram Panchayat since more than 16 years. Therefore, no relief can be granted to the petitioner now to concede the legality and validity of the aforesaid notification. Even otherwise on merits also, considering Section 7A of the Bombay Land Revenue Code, the impugned notification is just and proper and in accordance with statutory provisions.

(3.) Considering the above, present petition deserves to be dismissed and is, accordingly, dismissed. Rule discharged. No costs.