Nansing Ratu Pawara Bhugvadya And Others v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 10549 OF 2021 Nansing Ratu Pawara (Bhugvadya) and others .. Petitioners

Versus

The State of Maharashtra and others .. Respondents Shri S. V. Kurundkar, Advocate h/f Shri M. D. Narwadkar, Advocate for Petitioners.

Shri K. N. Lokhande, A.G.P. for Respondent Nos. 1 to 5. CORAM :

S. V. GANGAPURWALA AND R. N. LADDHA, JJ.

DATE :

23RD SEPTEMBER, 2021.

FINAL ORDER :

.

Mr. Kurundkar, the learned counsel for petitioners submits that, the appeal filed by petitioners is pending before the District Level Committee, still the respondents are trying to evict the petitioners from their lands on the ground that the lands are in forest area.

2.

The learned counsel refers to clause (iii) of the Government Resolution dated 11th November, 2016 to submit that, once appeal is pending, then respondents cannot evict the petitioners. 3.

The respondents have not issued any notice to the petitioners for eviction. The appeal is already pending. The petitioners have pointed out the provision, wherein the

2 wp 10549.21 respondents are restrained from evicting the petitioners. 4.

According to us, the apprehension of the petitioners seems to be misplaced, more particularly in absence of notice of eviction by the authorities.

5.

In view of the above, the writ petition is disposed of. No costs.

[R. N. LADDHA, J.] [S. V. GANGAPURWALA, J.] bsb/Sept. 21