BALIRAM SAMBHAJI GAIKAR Vs. COMPETENT AUTHORITY

JUDGEMENT

(1.) Heard Mr. Vijay Killedar learned counsel for the Petitioners, Ms. M S Bane, learned AGP for the RespondentState, Mr. Ashutosh Wani, learned counsel for Respondent Nos. 2 and 3, and Mr. Ashwin Kapadnis learned counsel for Respondent Nos. 10 and 11 (legal representatives of Pushpa Mangal Bhoir)

(2.) This Petition challenges the Order dtd. 31/12/2021 (Exhibit D at pages 41 to 48) made by the Competent Authority and Sub Divisional Officer, Kalyan (Respondent No.1).

(3.) At the outset, Mr. Killedar and Mr. Kapadnis submit that the impugned order dtd. 31/12/2021 was made inter alia against Pushpa Mangal Bhoir, who had already expired in 1994. The legal representatives of Pushpa Bhoir were neither brought on record nor issued any notice before the impugned order was made. On this ground, they submit that the impugned order is a nullity. They rely on N. Jayaram Reddy and Another vs. Revenue Divisional officer and Land Acquisition Officer, Kurnool,(1979) 3 SCC 578 to support this argument.