HEMENDRA MATHRADAS KOTHARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE. Mr. V. P. Malvankar, Assistant Government Pleader appearing on behalf of respondent Nos. 1 to 3 waives service of rule. Mr. A. A. Kumbhakoni appears and waives service of rule on behalf of respondent No. 4. In the facts and circumstances, the matter is taken up for final hearing.

(2.) THIS petition is filed for quashing and setting aside the order dated 16th March, 2002 passed by the State Government, respondent No. 1 herein.

(3.) THE learned Counsel for the petitioners contended that in an earlier petition being, Writ Petition No. 5020 of 1991, the Division Bench of this Court while allowing the petition, issued three directions. By directions 1 and 2, the matter was remitted to the Competent Authority to decide the same in accordance with law. Those questions related to the jurisdiction of the Competent Authority, i. e. Collector under the Urban Land (Ceiling and Regulation ) Act, 1976 (hereinafter referred to as "the Act" ). The third direction related to exemption from the operation of the Act and framing of scheme for weaker section. For that, the Competent Authority was not the Collector, but the State Government, and therefore, a direction was issued to the State Government to consider the same and to take an appropriate decision.