Kunwar Singh Ringa Pawara And Others v. The State Of Maharashtra Through Secretary And Others

51 wp.11778.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

51 WRIT PETITION NO.11778 OF 2021 KUNWAR SINGH RINGA PAWRA AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS ...

Advocate for Petitioners : Mr. Mrigesh D. Narwadkar. AGP for Respondent/State: Mr. S. G. Sangle.

...

CORAM :

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

DATE :

25th October, 2021.

PER COURT:

.

The grievance of the petitioners is that the petitioners are tribals and occupying the forest land. They are entitled for protection. The petitioners have filed appeals before the Appellate Authority. Notices are also issued. The appeals are pending. Still the respondents are trying to evict the petitioners. The learned counsel relies upon clause 3(iii) of the Government Resolution dated 11th November, 2016 to contend that during the pendency of the appeal the petitioners cannot be evicted.

Sub-Clause (iii) of Clause 3 of the Government Resolution dated 11th November, 2016 grants an injunction in favour of the occupants that till the appeal is pending, steps for eviction should not be undertaken.

51 wp.11778.21.odt In light of that, it would be appropriate that the Appellate Authority decides the appeals expeditiously.

The petitioners shall appear before the Appellate Authority on 11th November, 2021.

The Appellate Authority shall decide the appeals expeditiously, preferably within three months from the date of appearance.

Till the appeals are decided, further steps may not be taken as contemplated under sub-Clause (iii) of Clause 3 of the Government Resolution dated 11th November, 2016. The writ petition is disposed of. No costs.

[ R. N. LADDHA, J. ] [ S. V. GANGAPURWALA, J. ] nga