Shankar S/O Madhoji Kamdi And Others v. The State Of Maharashtra, Thr. Secretary, Ministry Of Urban/Rural Development, Mumbai And Others

63-wp-1608-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Writ Petition No.1608 of 2022 Shri Shankar S/o Madhoji Kamdi and others ... Petitioners

Versus

The State of Maharashtra and others ... Respondents Mr. P.S. Sahare, Advocate for Petitioners.

Mr. N.S. Rao, Assistant Government Pleader for Respondent Nos.1 to 3.

CORAM : NITIN JAMDAR AND ANIL L. PANSARE, JJ.

DATE : 21 MARCH 2022 P.C. :

Not on board. Taken on board by way of a praecipe. 2.

The Petitioners, who are the encroachers on the Government land, state that they are entitled to the benefit of a government policy and their possession be regularized.

3.

We are not inclined to entertain the Writ Petition, as the Petitioners have filed an appeal before the Commissioner, who is looking very same grievance raised in the Petition. Lanjewar

63-wp-1608-2022.odt 4.

The learned Assistant Government Pleader states that hearing on the appeal is concluded and the order is awaited. 5.

While we dispose of the Writ Petition, we state that since the appeal is against the order of removal of encroachment/demolition, the Commissioner will pass the order as early as possible so that if the decision is against the Petitioners, they can take their challenge further in appropriate Court.

6.

With these observations, the Writ Petition is disposed of. (ANIL L. PANSARE, J.) (NITIN JAMDAR, J.) LANJEWAR 17:23 Lanjewar