Kondhawe Dhawade S.No. 417 Rahivasi Kruti Samittee Sangh Through Its Secretary v. The Dist. Collector, Pune Through The Office Of Dist. Collector And ORS.

Digitally signed by Trusha T.

Date:

2021.02.15 12:48:14 +0530 Trusha T.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8613 OF 2019 Kondhave Dhawade Survey No.417 Rahivasi Kruti Samittee Sangh Through Its Secretary .. Petitioner vs.

The Dist. Collector, Pune Through the offce of Dist.

Collector and Ors.

.. Respondents .....

Mr.Tejesh Dande a/w Mr.Bharat Gadhavi a/w Mr.Vishal Navale a/ w Mr.Vaibhav Kulkarni i/b Mr.Tejesh Dande and Associates for the Petitioner Mr.C.D.Mali, A.G.P. for the State Mr.Raju Baburao Rathod and Mr.Vikas Eknath Kamble, representatives of Petitioner Rahivasi Sangh .....

CORAM: K.K.TATED & R.I.CHAGLA, JJ.

DATED : FEBRUARY 11, 2021 P.C.

.

Heard.

2.

By this Writ Petition under Section 226 of the Constitution of India, Petitioner is seeking direction against the Respondents to regularise the encroachment made by the members of the Petitioner organization on Survey No.417 at Kondhawe Dhawade Grampanchayat Limits, 1/3

Taluka Haveli, District Pune as per the Government Resolution bearing No.LEN10/2001/225/J-1 dated 04.04.2002 and Government Resolution bearing No.P102017/348/10 dated 16.02.2018. 3.

The learned counsel for the Petitioner submits that they already made representation dated 09.08.2017 to the concerned Tahsildar for considering their case for regularisation of their structures. He submits that the said representation is pending with the concerned authority i.e. Tahsildar for last 4 years.

4.

The learned counsel for the Petitioner further submits that during the pendency of the present Writ Petition, Respondents issued notices dated 29.01.2021 to the members of the Petitioner under section 50 of the Maharashtra Land Revenue Code, for vacating/removing unauthorised construction. He submits that in the interest of Justice, this Hon'ble Court be pleased to restrain the Respondents from taking any coercive action against the Petitioner members till the representation is decided by the authority.

5.

When this Court declined to grant such relief in favour of the Petitioner, the learned counsel for the Petitioner made a statement before this Court that let Respondent no.3 Tahsildar to decide their representation dated 09.08.2017 on its own merits. To that effect, he has given in writing. Same is taken on record and marked 'X' for identifcation. Same is accepted.

2/3

6.

In view of these facts, the following order is passed: a.

Respondent no.3 Tahsildar and or competent authority is directed to decide the Petitioner's representation dated 09.08.2017 (Exhibit 'P' page 309 of the Petition) on its own merits as early as possible but in any case on or before 30.04.2021 and inform the Petitioner. b.

It is made clear that this Court has not granted any interim and or ad interim protection in favour of the Petitioner. Hence, Respondents can take appropriate steps according to law pursuant to their notice under section 50 of the Maharashtra Land Revenue Code, 1966 without influencing the order passed by this Court that Tahsildar has to decide their representation dated 09.08.2017 on its own merits.

c.

Writ Petition stands disposed of as withdrawn. d.

No order as to costs.

(R.I.CHAGLA, J.) (K.K.TATED, J.) 3/3