Yashwant Kondiba Khandagale v. The State Of Maharashtra Through Secretary And Others

2024:BHC-AUG:18408-DB 948wp8565-24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 948 WRIT PETITION NO. 8565 OF 2024 YASHWANT KONDIBA KHANDAGALE

VERSUS

THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS ...

Mr. A. S. Kakade, Advocate for the Petitioner Ms. Neha Kamble, AGP for Respondents State

CORAM

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

DATE : 14th August, 2024 ORDER:

1.

The learned Advocate for the Petitioner submits that his representation dated 21.11.2023, seeking regularization of the encroachment is pending before the District Collector, Beed. The only prayer put forth is that the District Collector, Beed should look into the said representation, expeditiously.

2.

In view of the law laid down in Jagpal Singh and Ors.Vs. State of Punjab and Ors., (2011) 11 SCC 396, this Court would not direct the regularization of encroachment, unless the Petitioners fulfill all the requirements in view of the said judgment. 3.

In view of the above, this Writ Petition is disposed off. Let the District Collector look into the representation of the Petitioner in view of the law laid down in Japal Singh & others (Supra).

948wp8565-24 4.

We make it clear that we have not expressed any opinion upon the claim of the Petitioner.

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