SHREE MACHHI MAHAJAN SOC THR ITS SECRETARY vs THE COLLECTOR

Judgment text excerpt

501-WP-11384-2024 (C).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11384 OF 2024 Shree Machhi Mahajan, Society duly registered, Through its secretary, Ravindra Pema, Address:- Shree Satyanarayan Mandir, Kathiria, Nani Daman, - 396 210 ...Petitioner Versus The Collector, Daman. ...Respondent __________ Adv. Manoj Badgujar, for the Petitioner. Adv. Hiten Venegaonkar a/w Manoj Sabale, for the Respondent. __________ CORAM : G. S. KULKARNI & ADVAIT M. SETHNA, JJ. DATE : 29 JANUARY 2025 ORAL JUDGEMENT (Per Advait M. Sethna, J.): 1. Rule, returnable forthwith. With the consent of the parties heard finally. 2. This petition is filed by the petitioner under Article 226 of the Constitution of India, praying for the following substantive reliefs :- “(a) Rule be issued; (b) By grant of appropriate writ, order or direction, this Hon'ble Court may be pleased quash and set aside order dated 08.08.2024;” 3. The petitioner is a society registered under the Society Registration Act, 1860 which works for welfare of the Macchi/Tandel (fishing) community in Daman District. The respondent is the Collector, Daman and Diu who has passed the order dated 8 August 2024 (“impugned order” for short). The Mayur Adane, PA Page 1 of 5 501-WP-11384-2024 (C).doc petitioner is mainly aggrieved by an impugned order which read thus:- “ORDER “Whereas, the name of Shri Macchi Mahajan Nani Daman with respect to an area of 14700 sq. mt of survey No. 6/2 of village Kathiria in other rights for the purpose of public welfare and charitable use; And whereas, the Mamlatdar, Daman vide report dated 12/07/2024 reported that Shri Macchi Mahajan school sports complex is constructed on the said Government land; And whereas, it has been brought to the notice of the undersig