# In the matter of Dicksons Overseas Private Limited Vs State Of Maharashtra, Ministry Of Revenue And Forest

> HC judgment dated 2021-07-05. Citation: TCN-2021-HC-00023. Dicksons Overseas Private Limited filed a writ petition in the High Court of Judicature at Bombay,…

- **Court:** HC
- **Order date:** 5 Jul 2021
- **Citation:** TCN-2021-HC-00023
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-chandigarh-bench/dicksons-overseas-private-limited-vs-state-of-maharashtra-ministry-of-revenue-an-337cf618

## Summary

### Background

Dicksons Overseas Private Limited filed a writ petition in the High Court of Judicature at Bombay, Nagpur Bench, seeking relief related to land conversion. The petitioners sought the court's intervention to expedite the processing of their application for converting Class II land into Class I land under Section 29 of the Maharashtra Land Revenue Code, 1966. A stay granted by the State Government on a previous notification had been removed, paving the way for the processing of the application.

## Facts

Dicksons Overseas Private Limited, a company registered under the Companies Act, 1956, with its registered office in Nagpur, filed a writ petition. They sought permission to convert Class II land into Class I land under Section 29 of the Maharashtra Land Revenue Code, 1966. The application, dated 3/11/2020, was filed by respondent no.3, Jejani Pulp and Paper Mills Private Limited, for whom Shri Prasad Kamalakar Dharap is acting as Liquidator. A stay order, previously granted by the State Government on 10/12/2020 to a notification dated 8/3/2019, had been removed. The petitioners pressed only the prayer made in clause (a) of the petition. The respondents included the State of Maharashtra, various government secretaries and officials, and the liquidator for Jejani Pulp

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## Issues and analysis

### Issue 1: Whether the competent authority should be directed to process and decide the application for land …

**Ratio:** The ratio is based on the principle that government authorities should process

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**Reasoning:** The court reasoned that since the stay order preventing the processing of the application

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**Interpretation:** The interpretation is that once legal obstacles are removed, the authorities

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**Application:** The court applied this ratio to the specific facts by directing the competent

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## Parties

- **Judges:** Sunil B.…; Anil S.…
- **Appellants:** Dicksons Overseas…
- **Respondents:** Jejani Pulp and…; State of Maharasht…

## Timeline

- **2020-11-03 — Application for Land…**: Respondent no.3 filed an application seeking permission regarding conversion of Class II…
- **2020-12-10 — Stay Granted by State…**: The State Government granted a stay to…

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