Tarabai Kundlik Jadhav v. The State Of Maharashtra Through The District Collector And Others

2025:BHC-AUG:31325-DB 935-wp-13561-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 935 WRIT PETITION NO.13561 OF 2025 Tarabai Kundlik Jadhav

VERSUS

The State of Maharashtra Through The District Collector and Others ...

Mr. G. N. Chincholkar, Advocate for the Petitioner. Mr. R. B. Dhaware, AGP for Respondents/State. ...

CORAM : SMT. VIBHA KANKANWADI & HITEN S. VENEGAVKAR, JJ.

DATE : 14 NOVEMBER 2025 ORDER :

.

Learned Advocate for the petitioner submits that the petitioner is a member of Scheduled Caste landless agricultural labour and her encroachment on Gut No.298 at village Kate Pimpalgaon, Taluka Gangapur, District Aurangabad is to the extent of 1.5 H land i.e. the Gairan land since 1984. She filed application for regularization of the encroachment in view of the Government Resolution dated 08.11.1991. However, by order dated 05.06.2025, the Sub Divisional Officer, Vaijapur has turned down the application.

2.

Learned AGP waives notice for all the respondents and points out that there is specific provision for appeal under Section 50(5) of [1]

935-wp-13561-2025.odt Maharashtra Land Revenue Code, 1966 to challenge the said order of rejection of regularization.

3.

Thereupon, the learned Advocate for the petitioner seeks withdrawal of the petition with liberty to approach the appellate authority. 4.

The writ petition stands disposed of as withdrawn.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 ] [ SMT. VIBHA KANKANWADI ] JUDGE JUDGE scm [2]