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2010 DIGILAW 345 (BOM)

RAMLAKHANSINGH RAMBHAVANSINGH v. STATE OF MAHARASHTRA

2010-03-04

S.A.BOBDE, VASANTI A.NAIK

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JUDGMENT S. A. BOBDE, J. :- Rule, returnable forthwith. Heard by consent of learned Advocates for the parties. 2. The petitioners have prayed for a declaration that the land gifted by them to the respondent/State should be used only by the respondent Nos. 2 and 3 i.e. Collector, Chandrapur and Executive Engineer, Public Works Department, Circle No.2, Chandrapur for construction of Tahsil Office cum other building of Tahsil office. 3. The petitioners made a Gift on 10-2-2004 of land bearing Survey No. 175, admeasuring 2.00 Hectares for the construction of Tahsil Office and other buildings related to the Tahsil Office. This Gift was accepted by the respondent/State and has been acted on. Now, the petitioners have moved this Court on an apprehension that the respondents are constructing a Sports Complex and they should be restrained from doing so and use the land for the purposes for which it was gifted. 3A. Mr. Jichkar, the learned A.G.P. submits that on the basis of affidavit of Ajitkumar Babanrao Ambi, Incharge Tahsildar at Chandrapur that the respondents have started construction of the Tahsil Office on Survey Nos. 104, 105, 106 over an area admeasuring 6.95 Hectares and had already incurred expenses of Rs. 50,00,000/- for the said construction. The learned A.G.P. further submits that this became necessary since the land donated by the petitioners was inadequate for the purposes of construction of Tahsil Office. In any case, according to the respondents, the land donated by the petitioners is going to be used for the purposes of Survey Office, which is related to the Tahsil Office. 4. Apart from the fact, we are satisfied that the land donated by the petitioners is not being misused or abused by the respondents. There is no reason to entertain this petition on behalf of the petitioners, who have gifted the land, which has resulted in a transfer of property of land to the respondents. The petitioners have no subsisting interest in the property, which they have gifted. Hence, we see no reason to entertain this petition on behalf of the petitioners. 5. Rule is discharged. Order accordingly.