Prashant Kishor Sharma v. The State Of Maharashtra And Others

wp3243.16 FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.3243 OF 2016 (Prashant s/o Kishor Sharma vs. The State of Maharashtra & ors.) WITH WRIT PETITION NO.3247 OF 2016 (Smt. Yogita w/o Macchindra Ahirrao vs. The State of Maharashtra & ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.

Court's or Judge's Orders Mr.C.R. Deshpande Advocate for Petitioners.

Mr.A.M. Phule and Mr.A.G. Magare, A.G.P.s for Respondents.

....

CORAM: S.V. GANGAPURWALA AND A.I.S. CHEEMA, JJ.

DATE : 18TH MARCH, 2016 ORDER:

1. Heard. Notice to the Respondents. The learned A.G.P. waives notice for all the Respondents.

2. Mr. Deshpande, learned counsel submits that applications filed by the Petitioners seeking regularization of encroachment on the Government land are not yet decided. The said applications are given in the year 2008. According to the learned counsel, the Collector has taken decision in respect of

wp3243.16 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.

Court's or Judge's Orders some of the encroachers, however, the applications of the present Petitioners are not decided and seeks directions against the Respondents to decide the same.

3. The learned A.G.P. states that the policy has undergone change and as per changed policy the aspect has to be considered.

4. Considering the above, we pass following order:

a) In case the previous applications of the Petitioners are not decided and the fresh applications are pending with the authorities, then the authorities shall take decision on the said applications on its own merits in accordance with law and policy expeditiously, preferably within nine (9) months.

b) The Writ Petitions are accordingly disposed of, No costs.

[A.I.S. CHEEMA, J.] [S.V. GANGAPURWALA, J.] asb/MAR16