← Library
Bombay High CourtPIL/202/2016disposed off

Shri Ramlinga Sidhram Kavchale v. State Of Maharashtra And ORS

2019-10-18Hon'Ble The Chief Justice,Hon'Ble Shri Justice M. S. Karnik2 pages

(11)-PIL-202-16.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by Balaji G.

Panchal Date:

2019.10.18 14:10:21 +0530 Balaji G.

Panchal PUBLIC INTEREST LITIGATION NO.202 OF 2016 Shri. Ramlinga Sidhram Kavchale ..Petitioner

Versus

State of Maharashtra & Ors.

..Respondents Mr. S. G. Deshmukh i/by Mr. R. A. Shelke, Advocate for the Petitioner.

Ms. Nisha Mehra, AGP for Respondent - State.

Mr. Vijay Killedar, Advocate for Respondent Nos.3 to 5. CORAM : PRADEEP NANDRAJOG, C.J. & M. S. KARNIK, J.

DATE : 18th OCTOBER, 2019 P.C.

1] Reply has not been filed to the Petition till date. 2] The grievance in the Petition is to encroachment on land comprised in Gat No.43 from village Borale, Taluka Mangalwedha, District Solapur recorded in the revenue record as Gairan land i.e. to be used for the community of the villagers. As per the decision dated 28th January 2011 in Civil Appeal No.1132/2011 Jagpal Singh & Ors. Vs. State of Punjab & Ors. village land cannot be permitted to be appropriated by individuals.

3] Exh.E filed with the Petition would show that on 31st May 2007 the Gram Panchayat passed a resolution that the land be made BGP.

(11)-PIL-202-16.doc.

free from encroachments. In spite thereof, no action has been taken by the Gram Panchayat to repossess the land. Exh.G to the Petition would show that on 17th November 2011 the Block Development Officer had called upon the Sarpanch to ensure that the encroachment is removed and the land is taken possession of. 4] Averments in the Public Interest Litigation not being traversed, we dispose of the same directing the 2nd Respondent to ensure that the Gram Panchayat repossesses the land and if the Gram Panchayat does not do so, action as per law for supersession of the Gram Panchayat be initiated and simultaneously the Collector would ensure that the encroachers are removed from the land. 5] Mandamus be complied within twelve weeks from today. M. S. KARNIK, J CHIEF JUSTICE BGP.