Paras Dashrath Gawale Alias Gavle v. The State Of Maharashtra And Others

938.WP.8264.2025II.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8264 OF 2025 (This order is corrected as per speaking to the minutes of the order dated 25th July 2025) Paras Dashrath Gawale Alias Gavle

...Petitioner

Versus

The State of Maharashtra & Ors.

...Respondents

***  Mr. Rupesh Anil Jaiswal, for Petitioner.

 Ms. S. S. Joshi , AGP for Respondents.

*** CORAM : MANISH PITALE AND Y. G. KHOBRAGADE, JJ.

DATE : 23rd JULY 2025.

ORAL ORDER : (PER MANISH PITALE, J.) 1.

The present petition is filed seeking a direction for regularization of Gairan land in the name of the petitioner in the light of Government Resolutions dated 28th November 1991, and 12th July 2011.

2.

Since all the respondents are represented by the learned AGP, we are inclined to dispose of this petition by issuing appropriate directions.

3.

We find that in Writ Petition No.5099 of 2024 (Nandkishor s/o Dhonduji Salwe Vs. The State of Maharashtra & Ors.), a Division Bench of this Court on 25th July 2024, referred to the said government resolutions and thereupon directed the concerned Collector to consider the claim of the petitioner therein for regularization of land by passing Shrikant Malani

938.WP.8264.2025II.doc a speaking order strictly in accordance with law. 4.

In that view of the matter, we are of the opinion that this Court cannot consider the prayer for regularization directly and it would be necessary for the Collector i.e. respondent No.2 to consider the claim of the petitioner in accordance with law. 5.

In view of the above, the respondent No.2 - District Collector is directed to consider the claim of the petitioner for regularization of the Gairan land in view of the Government Resolutions dated 28th November 1991, and 12th July 2011, strictly in accordance with law, as expeditiously as possible and preferably within a period of four months from the date of the order. 6.

We have made no observations on the merits of the claim of the petitioner and it would be appropriate that the Collector also takes into consideration, the observations made by this Court while disposing of the aforementioned Writ Petition No.5099 of 2024 (Nandkishor s/o Dhonduji Salwe Vs. The State of Maharashtra & Ors.) (supra).

7.

With these observations, the writ petition is disposed of. Pending applications, if any, also stand disposed of. (Y. G. KHOBRAGADE, J.) (MANISH PITALE, J.) Signed by: Shrikant Malani Designation: PA to Hon'ble Judge Date: 28/07/2025 10:35:10 Shrikant Malani