Baban Ganpat Gund v. The State Of Maharashtra Through Its Secretary And Others

2024:BHC-AUG:19071-DB *1* 58y wp8749o24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 58 WRIT PETITION NO. 8749 OF 2024 (Board dt.19.08.2024) BABAN GANPAT GUND

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

Ms.Pratiksha C. Kale, Advocate for the Petitioner. Shri R.S. Wani, AGP for Respondent Nos.1 and 2/State. ...

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

DATE :- 20th August, 2024 Per Court :- 1.

The Petitioner claims to be an agriculturist and resident of village Mhasne in Taluka Parner, District Ahmednagar. According to him, several persons/ villagers have made encroachments on the Government land. The local authority has passed the resolution and regularized the unauthorized encroachments done by the villagers for their private houses. The Petitioner had also started a hunger fast. 2.

Not a single purported encroacher has been arrayed

*2* 58y wp8749o24 as a Respondent. The resolution passed by the local authority regularizing the encroachment, is also not challenged. The allegations set out in the pleadings are without specific details. A bald statement is made that several villagers are encroaching on several Government lands in the said village and the Gram Panchayat has regularized the encroachments. In these circumstances, we would not entertain a Writ Petition. Based on such allegations, issuing a Writ of Mandamus to decide the representation of the Petitioner, when he has no locus, would also not be appropriate.

3.

In view of the above, this Writ Petition is dismissed.

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