AMBERNATH SAHAKARI SAMUDAYIK SHETKI SOCIETY LIMITED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the judgment and order dtd. 28/1/2010 (hereinafter referred to as the 'impugned order of resumption of land') passed by the learned Single Judge, whereby Writ Petition No. 2267 of 1990 filed by the Appellant Society was dismissed and Respondent No. 1-State Government was allowed to resume all the lands which were not under cultivation.

(2.) This Letters Patent Appeal gives rise to a rather interesting and peculiar litigation wherein, on or about the year 1961, a vast tract of land belonging to the Respondent No. 1-State Government was given away to the Appellant Society, more in the nature of a largesse, which, to our mind, is rather perplexing, however, subject to the fulfillment of certain conditions. The non-fulfillment of conditions for the use of land by the Appellant was to result in the resumption of such land by Respondent No. 1-State Government. It is such action of the resumption, which has aggrieved the Appellant, giving rise to the litigation before the learned Single Judge.

(3.) Briefly the facts are: -