Nana Avchit Visave And Others v. The State Of Maharashtra Through Its Secretary And Others

2024:BHC-AUG:21122-DB ( 1 ) 915 wp 9517.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 9517 OF 2024 NANA AVCHIT VISAVE AND OTHERS

VERSUS

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

Advocate for the Petitioner : Mr. Laxman Vishnu Sangit Addl. GP for Respondents: Mr. M.M. Nerlikar .....

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

DATE :

4th September, 2024 P.C. :- 1.

Heard the learned advocate for the Petitioners and the learned AGP.

2.

By this Petition filed on 01.08.2024, a report submitted by the Taluka Inspector, Land Record, Parola to the District Collector, Jalgaon dated 27.08.2020, is sought to be challenged after four years. The notice of removal of encroachment on 24.08.2023, has not been questioned by the Petitioners either before the concerned Authority or even before this Court.

3.

The learned advocate for the Petitioner submits that a detailed reply would be tendered to the District Collector indicating therein that

( 2 ) 915 wp 9517.24 these Petitioners and similarly situated persons, have received the Gairan land almost 44 years ago. He submits that if this Court grants some time, the Petitioners and similarly situated persons, would file their specific response to such notices and place the relevant documents before the District Collector to indicate that they have received a Sanad for the use of the said land, for more than 40 years ago.

4.

In view of the above, this Writ Petition is disposed off with liberty to the Petitioners and similarly situated persons, to tender their explanation to the District Collector, on or before 20.09.2024. The District Collector shall follow the due procedure laid down in law and after due verification of the records, pass appropriate orders on the said notices. If an adverse order is passed or if the grievance of the Petitioners and similarly situated persons, is not redressed, they are at liberty to approach the Civil Court for seeking appropriate relief and directions. [Y.G. KHOBRAGADE, J.] [RAVINDRA V. GHUGE, J.] mub