Uttam Baban Nalawade And Another v. The State Of Maharashtra Thr The Secretary And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1666 OF 2022 Uttam S/o Baban Nalawade & another Petitioners

Versus

The State of Maharashtra & others Respondents Mr. R. S. Kasar, Advocate for the petitioners. Mr. S. G. Sangle, AGP for respondents No. 1 to 3. CORAM : RAVINDRA V. GHUGE & ANIL L. PANSARE, JJ.

DATE : 16th JUNE, 2022.

PER COURT :

1.

By this petition, the petitioners have put forth prayer clauses 'B', 'C' and 'D' which read as under :- B) By way of appropriate writ order or direction in the like nature, this Hon'ble High Court may kindly direct the respondent Nos. 2 to 5 to remove the illegal encroachment carried out by the private persons on the public property (Government Land) bearing Gut nos. 105 and Village Panchayat Property no. 123/1/2/3/4 situated at Village Hingani, Tq. Ashti Dist. Beed.

- 2 - C) By way of appropriate writ order or direction in the like nature, the Hon'ble High Court may kindly direct the respondent Nos. 2 to 5 to take immediate steps for removal of encroachment in view of the guidelines issued by the Hon'ble Supreme Court of India in Civil Appeal No. 1132/2011 vide judgment and order dated 28/01/2011 as well as in view of the directions issued by the Government of Maharashtra vide Government Resolution dated 12/07/2011.

D) By way of appropriate writ order or direction in the like nature, the Hon'ble High Court may kindly directed the respondent Nos. 2 to 5 to consider the representation dated 11/03/2020 made by the petitioner for removal of illegal encroachment carried out by the encroachers on the public property bearing Gut nos. 105 and Village Panchayat Property no. 123/1/2/3/4 situated at Village Hingani Tq. Ashti Dist. Beed.

2.

This petition was fled on 12th July, 2021. The learned Advocate for the petitioners places before us fnal notices issued by the Tahsildar, Ashti- respondent No. 3, vide which, steps have been initiated for removal of encroachment. The copies of the two notices

- 3 - dated 13th April, 2022 and 9th June, 2022 ( six pages) are taken on record and marked as 'X-1' collectively for identifcation. 3.

It is thus obvious that after the petition was fled on 12th July, 2021, steps have been initiated as is evident from 'X-1'. 4.

As such, this petition is disposed off.

5.

The learned Advocate for the petitioner undertakes to pay the defcit Court fees of Rs. 250/-.

( ANIL L. PANSARE ) ( RAVINDRA V. GHUGE ) Judge Judge dyb