Chaya Laxaman Barde And Another v. The State Of Maharashtra Through Its Chief Secretary And Others

2025:BHC-AUG:5950-DB 1 920.CA-11068-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 11068 OF 2024 IN WP/6879/2024 CHAYA LAXAMAN BARDE AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS CHIEF SECRETARY AND OTHERS ...

Advocate for Applicants : Mrs. Sonawane Sunita G. Addl.GP for Respondents/State : Mr. A.S. Shinde Advocate for Respondent Nos. 1 to 7 : Mr. N. B. Narwade Advocate for Respondent No.8 : Mr. P. V. Barde ...

CORAM : S. G. MEHARE AND SHAILESH P. BRAHME, JJ.

DATE : 27th FEBRUARY 2025 PER COURT :

.

Heard the respective Counsels.

2.

The dispute is about the land survey no.141/2 of Village Khandala. The said land was in use of the Maharashtra State Farming Corporation i.e. Respondent No.8. By passage of time, the Respondent No.8 did not require that land. The petitioners are claiming the right over the land. In the same way, the intervenor was also claiming the right. Earlier also there were writ petitions and by way of last Writ Petition No.7812/2016, the liberty was granted to the Intervenor to move the State Government for claiming the same. The Intervenor placed on record the Government Order dated 13.03.2024, whereby the land in dispute has been allotted to the

2 920.CA-11068-2024.doc Village Panchayat/Intervenor for public purpose. In the present Writ Petition, the Petitioners are also claiming the right over the said land. Prima facie, it appears that the Government has taken the decision to whom the land in question is to be given and that has been given to the Intervenor. We are satisfied that the Intervenor has interest in the matter. Hence, we allow this application and grant a liberty to them to file affidavit-in-reply.

3.

The Petitioners should arraign the Intervenor as a party Respondent within two weeks from today.

4.

Stand over to 27.03.2025.

[ SHAILESH P. BRAHME, J.] [ S. G. MEHARE, J.] NAJEEB..