Smt. Kusum Itwargiri Omkari And Others v. State Of Maharashtra Thr. Secretary, Department Of Revenue And Forest, Mumbai And Others

Order 2407wp3895.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 3895/2018.

Smt. Kusum Itwargiri Omkari and others.

-VERSUSState of Maharashtra and others.

Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

CORAM : B. P. DHARMADHIKARI AND Z.A. HAQ, JJ.

DATE : JULY 24, 2018.

Heard Shri G.G. Bade, learned Counsel for petitioners and Shri A.S. Fulzele, learned Addl.G.P. for respondent nos. 1 to 4.

2.

Petitioners claim that there is encroachment on government land and that land is to be used as approach way to graveyard. Contention is, Superior Authorities have already directed its removal. 3.

Learned Additional Government Pleader points out that the alleged encroachers are not party to present proceedings and records do not show any

Order 2407wp3895.18 opportunity extended to them before labeling them as encroachers.

4.

The matter has been filed before this Court in January, 2017 and it is listed for the first time before this Court on 11.07.2018.

5.

In this situation, without observing anything more, we grant petitioners leave to make appropriate representation to the Collector, Gondia in this respect. If such representation is made within a period of four weeks from today, the Collector, Gondia shall deal with it as per law, in next eight weeks. 6.

Writ Petition is, disposed of accordingly.

No costs.

JUDGE JUDGE Rgd.