Nagaon Education Society Thr Its Secretary Manohar Dattatray Patil v. The State Of Maharashtra And Others

52 wp 798-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 52 WRIT PETITION NO.798 OF 2021 NAGAON EDUCATION SOCIETY THR ITS SECRETARY MANOHAR DATTATRAY PATIL

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. Dnyaneshwar S Bagul AGP for Respondents: Mrs. V.S. Chaudhari ...

CORAM :

S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

DATED :

18th JANUARY , 2021.

...

PER COURT :

1.

Learned counsel submits that the proposal for regularization of encroachment of the land is still pending with the Collector though the same is filed in the year, 2016. The Collector has to forward it to the State Government. The enquiry was also conducted by the Circle Officer. He prepared report and submitted it to the Tahsildar. Thereafter, the Tahsildar forwarded the report to the Collector, Dhule. It was forwarded to respondent No.1 also but due to fire, the files were destroyed. Under directions of the State Government, the files were reconstructed. Thereafter Collector ordered fresh enquiry to be conducted. The Circle Officer again submitted his fresh

52 wp 798-21.odt report to the Tahsildar. The Tahsildar forwarded the said report to Collector, Dhule. Same is still pending with the Collector, Dhule.

2.

Learned AGP accepts notice for all respondents and submits the authority would take steps in accordance with law. 3.

In case the proposal for regularization of encroachment upon the land is pending with the Collector, then the Collector shall with due process of law, forward it to respondent No.1, preferably within two months. The State Government upon receipt of the proposal from the Collector, shall take decision upon it preferably within four months from the date of the receipt of the proposal.

4.

Writ petition is disposed of. No costs.

(SHRIKANT D. KULKARNI, J.) (S. V. GANGAPURWALA, J.) vsm/-