SCA/1011/1985 of RAJ STONE QUARRY Vs DY COLLECTOR on 9 December 1997

1. Whether reporters of local papers may be allowed to see the judgment ?

2. To be referred to the reporters or not ?

3. Whether their lordships wish to see the fair copy of the judgment ?

4. Whether this case involves a substantial question of law as to the interpretation of the Constitution of India, 1950, or any order made thereunder ?

5. Whether it is to be circulated to the Civil Judge?

--------------------------------------------------------- RAJ STONE QUARRY & ANR.

VERSUS

DY COLLECTOR & ORS.

--------------------------------------------------------- Appearance:

None present for Petitioner

MR HL JANI for Respondents No.1 & 2

None present for other Respondents

--------------------------------------------------------- Coram: S.K. Keshote,J

Date of decision:9.12.97

C.A.V. JUDGMENT

Having heard the learned counsel for respondents No.1 and 2 and perusing the Special Civil Application, I do not find any illegality in the orders impugned in this Special Civil Application which calls for interference of this Court.

2. The order impugned has been passed in this Case under Section 73-AA of the Bombay Land Revenue Code. Admittedly, the land has been taken by the petitioner from respondent No.3 in contravention of the provisions of Section 73-AA of the Bombay Land Revenue Code and as such both the authorities have not committed any illegality in passing the impugned orders. In the result, this Special Civil Application fails and the same is dismissed. Rule discharged. Interim relief, if any, granted by this Court, stands vacated. No order as to costs.

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