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Bombay High CourtWP/385/2022disposed off

Dashrath Shivram Pimpale Dead Throgh Lrs Bhaskar Dashrath Pimpale v. The State Of Maharashtra And Others

2022-06-27Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice Anil L. Pansare2 pages

( 1 ) wp385.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 92 WRIT PETITION NO.385 OF 2022 DASHRATH SHIVRAM PIMPALE DEAD THROGH LRS BHASKAR DASHRATH PIMPALE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS Mr.S.K. Shinde, Advocate for the petitioner.

Mr.S.K. Tambe, AGP for the respondent/State.

CORAM

:

RAVINDRA V. GHUGE & ANIL L. PANSARE, JJ.

DATED :

27.06.2022 PC :- 01.

Respondent Nos.3 and 4 have filed an affidavit-in-reply through Mr. Rajesh Madhavrao Paul, Naib Tahsildar, Sangamner dated 14.03.2022. In paragraph No.8 of the affidavit-in-reply, it is specifically set out as under :- "8. xxxx Accordingly, the Circle Officer, Ashvi has conducted a detail enquiry in the said matter and submitted his report along with requisite documents on 14.06.2021 to the Respondent No.4. The application for regularization encroachment to the extent of additional land for 01H79R is under consideration and the said application will be decided by the authority in the light of the Government Resolution dated 27.12.1979, Government Resolution dated 28.11.1991, Government Resolution dated 07.09.2010 and the Government Resolution dated 12.07.2021 and guidelines issued by the Hon'ble High Court in Public Interest Litigation No.204/2010. Hereto annexed and marked as Exhibit

( 2 ) wp385.22 "R-1" is the copy of report dated 14.06.2021." 02.

The learned Advocate for the petitioner submits that on or before 22.07.2022, the petitioner will deposit the necessary documents with respondent No.4.

03.

In view of the above and considering the statement made on behalf of the authorities, that the Government Resolutions dated 27.12.1979, 28.11.1991, 07.09.2010, 12.07.2021 and the guidelines issued by this Court in the public interest litigation No.204 of 2010, shall be made applicable while arriving at a decision on the claims of the petitioners. We expect, such decision to be taken within eight weeks from the date of depositing of the documents by the petitioner.

04.

The writ petition is disposed off.

[ANIL L. PANSARE,J.] [RAVINDRA V. GHUGE,J.] snk/2022/JUN22/wp385.22