Deorao Maluba Deshmukh v. The State Of Maharashtra Through Its Secretary And Others

*1* 42wp11805o23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.11805 OF 2023 DEORAO MALUBA DESHMUKH

VERSUS

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

Advocate for the Petitioner : Shri Kedar Shrimant R. AGP for Respondents 1, 2, 3, 5 and 6/State : Shri P.S. Patil ...

CORAM : RAVINDRA V. GHUGE & Y. G. KHOBRAGADE, JJ.

DATE :- 26th September, 2023 Per Court :- 1.

The Petitioner is the President of the Temple Trust. The allegation is that 150 individuals have encroached on the private land of the Trust. Not a single encroacher is arrayed as a Respondent. The contention is that the District Collector is duty bound to remove the encroachment made by private individuals on privately owned land.

2.

We are afraid that the duty of the District Collector is not to sort out the disputes between private individuals, who indulge in encroachments on private lands. This Writ Petition, therefore, cannot be entertained and the same is disposed off with

*2* 42wp11805o23 liberty to the Petitioner to approach the Civil Court for seeking appropriate reliefs.

kps (Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.)