Kesarabai Tukaram Ghusale v. The State Of Maharashtra Through Secretary And Others

2024:BHC-AUG:28798-DB 930-WP-11214-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 11214 OF 2024 KESARABAI TUKARAM GHUSALE

VERSUS

THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS ...

Advocate for the Petitioner : Mr. Rupesh A. Jaiswal AGP for Respondents: Mr. P. S. Patil ...

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

DATE : 04-12-2024 PER COURT:- 1.

Heard the learned counsel for the petitioner. 2.

Issue notice to the respondents. The learned A.G.P. waives service of notice for the respondents.

3.

The petitioner's case is that her husband was cultivating the encroached Gairan land since 1965. He died in 1984. She has applied for regularization of land on 14.10.1996. Therefore, she is entitled for regularization of encroachment on the Gairan land as per the Government Resolution, dated 28.11.1991. 4.

Considering the facts of the case, the writ petition is allowed by directing the respondent No.2 / Collector to decide representation/ application of the petitioner for regularization of the encroachment on the Gairan land, within two months from today.

930-WP-11214-24.odt 5.

Respondent No.2/Collector shall consider the judgment of this Court, passed in Nandkishor s/o. Dhonduji Salwe vs The State of Maharashtra and Others, Writ Petition No.5099 of 2024, dated 25.07.2024, while considering the application of the petitioner. 6.

The writ petition stands disposed of in the above terms. [ SHAILESH P. BRAHME ] [ S. G. MEHARE ] JUDGE JUDGE rrd