Fakirchand Rangnath Dhembare v. The State Of Maharashtra Through The District Collector And Others

2025:BHC-AUG:35959-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 15159 OF 2025 Fakirchand Rangnath Dhembare

VERSUS

The State of Maharashtra through the District Collector and others Mr. G. N. Chincholkar, Advocate for petitioner Mr. S. K. Tambe, Addl. GP for respondent-State

CORAM

: Smt. Vibha Kankanwadi & Hiten S. Venegavkar, JJ.

DATE : 17th December, 2025 PER COURT :- 1.

Not on Board. Upon mentioning, taken on Board. 2.

Learned Advocate for the petitioner submits that the petitioner is a member of Other Backward Class (OBC) by caste Pardeshi landless agricultural labour and he has been encroached on Gut No. 37 and 38 at village Panwi, Tq. Vaijapur, Dist. Aurangabad is to the extent of 80 R land i.e., the Gayran land since 1975. He filed application for regularization of the encroachment in view of the Government Resolution dated 08.11.1991. However, by order dated 14.08.2024, the Sub Divisional Officer, Vaijapur has turned down the application. 3.

Learned AGP waives notice for all the respondents and points out that there is specific provision for appeal under Section 50(5) of WP-15159-2025.odt

Maharashtra Land Revenue Code, 1966 to challenge the said order of rejection of regularization.

4.

Thereupon, the learned Advocate for the petitioner seeks withdrawal of the petition with liberty to approach the appellate authority.

5.

The writ petition stands disposed of as withdrawn. The appellate authority, in case of such appeal is filed, should only consider the period prosecuting the writ petition by the petitioner before this Court, if at all any application for condonation of delay is filed. (Hiten S. Venegavkar, J.) (Smt. Vibha Kankanwadi, J.) B. S. Joshi WP-15159-2025.odt