Bhanudas Ramchandra Gadekar v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 5 WRIT PETITION NO.3758 OF 2015 BHANUDAS RAMCHANDRA GADEKAR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Mr. Kanade Angad L Mr. SG Karlekar, AGP for Respondents.

...

CORAM : R. M. BORDE & P.R. BORA, JJ.

Dated: October 12, 2015 ...

PER COURT :- 1) Heard. The petitioner is seeking directions to the respondents to regularize the encroached Gairan land in his favour.

2) An affidavit in reply is presented on behalf of the respondents, wherein it is stated that as per the Government Resolution dated 28.11.1991, the encroachment made during the period from 1.4.1978 to 14.4.1990 and which are in existence on 14.4.1990, can only be permitted to be regularized. Even otherwise, as per the decision of the Apex court in the matter of Jagpal Singh and Ors. Vs. the State of Punjab and Ors and the policy framed by the State Government, vide Government Resolution dated 12.7.2011, the claim of the petitioner does not deserve to be considered. In this view of the matter, no interference is called for in the instant petition. The writ petition is rejected. ( P.R. BORA, J. ) ( R. M. BORDE, J. ) ...

BDV