Swapnil Chandrakank Karankale v. The State Of Maharashtra Through Secretary And Others

2024:BHC-AUG:19724-DB 930ca4900

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 930 CIVIL APPLICATION NO. 4900 OF 2024 IN RAST/13594/2024 WITH REVIEW APPLICATION (ST.) NO. 13594 OF 2024 IN WRIT PETITION NO. 2283 OF 2024 SWAPNIL CHANDRAKANK KARANKALE

VERSUS

THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS ...

Mr. Syed Azizoddin R., Advocate for Applicant Mr. R. S. Wani, AGP for the Respondents-State Mr. M. N. Shaikh h/for Najam Deshmukh, Advocate for Respondent Nos. 4 and 5

CORAM

: RAVINDRA V. GHUGE & Y. G. KHOBRAGADE, JJ.

DATE : 23rd August, 2024 ORDER:

1.

Heard. The Non-applicants oppose. Delay is of 27 days. 2.

For the reasons set out, the Civil Application is allowed and the delay is condoned.

REVIEW APPLICATION (ST.) NO. 13594 OF 2024 3.

Review Application is taken up for hearing, by consent of the parties.

4.

The learned Advocate for the Applicant submits that since the Village Panchayat is not removing encroachment on the Government land, he intends to approach the District Collector invoking section

930ca4900 53(2A) of the Maharashtra Village Panchayat Act, 1959. So also, the Collector can sou-moto initiate action. He prays for withdrawal of this Petition.

5.

The learned AGP submits that if the Applicant tenders such application, the Collector would look into the matter as the Collector is conscious of Section 53(2A) of the Act.

6.

In view of the above, this Review Application is disposed off as withdrawn on instructions.

( Y. G. KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J. ) JPChavan