Kashiram Nivruti Gunjal And Others v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.11647 OF 2015 Kashiram s/o Nivruti Gunjal & others Petitioners

Versus

The State of Maharashtra & others Respondents Mr.Abhay R. Rathod, advocate for petitioners Mrs.A.V.Gondhalekar, A.G.P. for Respondents.

CORAM : R.M.BORDE & A.I.S.CHEEMA, JJ.

DATE : 03rd December, 2015 PER COURT:

Petitioners are objecting to the notices issued by the Tahsildar on 06.11.2015, directing them to remove the construction raised by them on public property.

According to petitioners, they are occupying the houses constructed under "Indira Awas Yojana" and as such, they cannot be branded as encroachers. Petitioners further contend that their landed property has been acquired for development of Air Port and as a rehabilitation measure, they have been allotted the plot in question. Petitioners have also tendered reply on 17.11.2015, to the notice issued by the Tahsildar. In the circumstances, it is logical and proper for the Tahsildar to apply his mind to the contentions raised by petitioners in the reply. The Tahsildar, after extending an opportunity of hearing to the petitioners, shall take decision in the proceedings

{2} wp1164715.odt within a period of four weeks from today and till then, no coercive action shall be taken against petitioners.

With the directions as above, writ petition stands disposed of.

A.I.S.CHEEMA R.M.BORDE JUDGE JUDGE adb/wp1164715