Shri. Maloji Dadu Khot And ORS. v. The State Of Maharashtra Through The Secretary And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION ST NO.24215 OF 2017..

Maloji Dadu Khot and others .. Petitioners

Versus

The State of Maharashtra & ors .. Respondents ...

Mr.Sudhir Sadavarte for the petitioners.

Mr.P.G. Sawant, AGP for the State.

CORAM: DR. MANJULA CHELLUR, CJ. & M.S.SONAK, J.

DATED: 1st NOVEMBER, 2017 P.C.:- Petitioners to remove office objections within two weeks.

Petitioners are before this Court aggrieved by order at page 59 (Exhibit-F) dated 28th February 2017. It is not in dispute that the petitioners are in occupation of the land in question, and they are seeking regularization of their occupation. According to the petitioners themselves, the respondent authorities directed the petitioners to form a society so that the respondent authorities can consider the request for regularization of the occupation of the petitioners.

Apparently, it is made clear by the respondent authorities why the request of the petitioners could not be Tilak

2/2 (8)wpst-24215-17 considered. In all probability, the respondent authorities intend to have a policy to regularize the lands in occupation of unauthorized occupants of present nature if society is formed so that there can be a proper regulation or regulatory mechanism for regularization of the unauthorized occupation. Without expressing any opinion on merits under Maharashtra Land Revenue Code, Section 247 contemplates statutory Appeal to Divisional Commissioner, we dispose of the matter leaving open to the petitioner to take a call either to form a society and approach the Society once again or challenge the order at page 59 by filing a statutory Appeal. (M.S.SONAK, J) (CHIEF JUSTICE) Tilak