Sikandar Shaikh Budhan Shaikh v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 965 PUBLIC INTEREST LITIGATION NO.162 OF 2016 SIKANDAR SHAIKH BUDHAN SHAIKH

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr.Kiran Nagarkar, Advocate holding for Mrs.Smita S.Kulkarni, Advocate for the petitioner Mr.S.Y.Mahajan, Addl.G.P. for Respondent - State Miss S.A.Patel, Advocate holding for Mr.A.A.More, Advocate for respondent nos.9 and 10.

Mr.S.S.Dande, Advocate for respondent nos.11 to 13.

...

CORAM: S.S.SHINDE & R.G.AVACHAT,JJ.

DATE : 15.02.2019 PER COURT:

1] Learned Additional Government Pleader has tendered across the bar affidavit in reply, and the same is taken on record.

2] Learned Additional Government Pleader submits that, if necessary, full cooperation and police force will be provided to the Grampanchayat to remove unauthorized

and illegal encroachment on the land bearing Gat Nos.55, 75, 76, 77, 78, 79, 82, 83, 84 and land bearing Gat No.2, situate at village Ranjangaon Shenpunji, and the Grampanchayat can go ahead for removal of the unauthorized and illegal encroachments on the aforesaid land, however, subject to following the procedure as contemplated under the relevant Law.

3] The Grampanchayat shall take appropriate steps so as to remove unauthorized and illegal encroachment after following the relevant procedure, as expeditiously as possible, however, within 6 months from today, and submit report to that effect to respondent nos.3 to 6. Accordingly, the Petition stands disposed of.

4] The petitioner has deposited the amount of Rs.25,000/- in this Court. Learned counsel appearing for the petitioner

graciously informs this Court and submits that, out of the aforesaid amount, the petitioner is ready to give Rs.15,000/- [Rs.Fifteen Thousand only] to the Government Cancer Hospital at Aurangabad. The Registry to divert an amount of Rs.15,000/- in the account of the Government Cancer Hospital at Aurangabad, bearing Account No.18880100017570 of Bank of Baroda, Branch at Samarthnagar, Aurangabad, and the remaining amount of Rs.10,000/- be returned to the petitioner.

[R.G.AVACHAT] [S.S.SHINDE] JUDGE JUDGE DDC