PRAKASHKUMAR HAMIRMALJI JAIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Learned AGP appearing for respondent Nos. 1 and 2 and learned Counsel for respondent No. 4 waives service. By consent of the parties the petition is taken up for final disposal.

(2.) By this writ petition the petitioner seeks directions against respondent No. 2-the Collector, Thane to consider the application dated 3rd July, 2010 filed by the petitioner in respect of the land bearing Old Survey No. 567, New Survey No. 267, Hissa No. 2/4, admeasuring 6437.2 sq. yards equivalent to 5320 sq.meters situate at Village Bhayandar (West), District Thane (the suit property) by following the procedure laid down under the provisions of Maharashtra Land Revenue Code, 1966.

(3.) According to the petitioner, originally one Shri Gajanan Bhau Mhatre and 12 others were the owners of the suit property. The said Gajanan Bhau Mhatre with the consent of all the members of Joint Hindu Undivided Family agreed to sell, transfer and assign all his rights, title and interests in the suit property to the petitioner vide Agreement for De-velopment-cum-Sale dated 8th April, 1996 for the valuable consideration of Rs. 21,05,400/- and on the terms and conditions stipulated therein. Thereafter the said Gajanan Bhau Mhatre and 12 others sold the suit property to the petitioner vide Deed of Conveyance dated 18th June, 2009 duly registered with the Sub Registrar of Assurances, Thane-4 under Sr.No. TNN4-04697 of 2009 for a sum of Rs. 21,05,400/-. Hence, the petitioner stepped into the shoes of the vendors as the owners of the suit property.