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Bombay High CourtWP/14655/2019disposed off

Ashok Vikram Pawar And Another v. The State Of Maharashtra And Others

2021-09-22Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice R. N. Laddha2 pages

964 wp.14655.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

964 WRIT PETITION NO.14655 OF 2019 ASHOK VIKRAM PAWAR AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Mr. S. S. Thombre. AGP for Respondent/State: Mr. S. G. Karlekar. ...

CORAM :

S. V. GANGAPURWALA & R. N. LADDHA, JJ.

DATE :

22nd September, 2021.

P.C.:

.

Heard Mr. Thombre, learned counsel for petitioners. The learned counsel submits that the respondents are turning blind eye to the encroachments made on the Gairan land Gat No.76. The Panchanamas are also made.

The Naib Tahsildar, Georai has filed affidavit. Paragraphs 9, 10 and 13 of the affidavit read thus:

"9.

I say and submit that, this deponent again issued letter dt.17.05.2018 to Grampanchayat, Kawadgaon to register offence against the encroachers. Letter dt.18.05.2018 was also issued to concerned Police Inspector, Police Station, Georai. Copies of letters dt.17.05.2018 and 18.05.2018 is annexed and marked

964 wp.14655.19.odt as EXHIBIT R-6 Colly.

10.

I say and submit that, Gramsevak, Kawadgaon on dt.23.05.2018 filed complaint at Police Station, Georai against the encroachers and FIR has been lodged on the same day. Copy of FIR dt.23.05.2018 is annexed and marked as Exhibit R-7.

11.

...

12.

...

13.

I say and submit that, in the light of the above facts and circumstances, it is humbly requested to this Hon'ble High Court to grant time till 30TH November 2021 to remove encroachment over the gairan land Gut No.76."

As the assurance has been given on affidavit that till 30th November, 2021, the encroachments over the Gairan land Gat No.76 would be removed, we accept the same as an undertaking to this Court.

In view of that, the writ petition is disposed of. No costs. [ R. N. LADDHA, J. ] [ S. V. GANGAPURWALA, J. ] nga