Kundan Giridhar Suryawanshi v. Collector, Gadchiroli And Others

2025:BHC-NAG:1945-DB

02. WP 3025 of 2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.3025/2024 Kundan Giridhar Suryawanshi ...Versus...

Collector, Gadchiroli and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Mr. R.S. Kurekar, Advocate for petitioner Mr. A.M. Joshi, AGP for respondent Nos.1 to 3 CORAM : ALOK ARADHE, C.J. AND AVINASH G. GHAROTE, J.

DATE : 26/02/2025 P.C.

1.

Taking into account the order, which this Court proposes to pass, it is not necessary to issue notice to respondent No.4.

2.

In this writ petition, the petitioner inter alia seeks a direction to respondent Nos.1 and 3 to decide the representations, submitted by the father of the petitioner on 28/03/2023 and 17/04/2023 and to direct regularization of encroachment made by the petitioner.

3.

The petitioner is running a Saloon business at Khasra No.22/80/1, Plot No.132 from 1982-83 at Desaiganj (Wadsa) District Gadchrioli.

4.

The petitioner claims regularization of the encroachment made by him, in view of the Government Resolution, dated 04/04/2002.

02. WP 3025 of 2024.odt 5.

Learned Counsel for the petitioner submitted that father of the petitioner has submitted representations, dated 28/03/2023 and 17/04/2023, seeking regularization of the land, in view of Government Resolution dated 04/04/2002, however, there is no response from the respondents. Hence, this petition.

6.

On the other hand, learned Assistant Government Pleader, who appears for respondent Nos.1 to 3 in advance, on instructions, submits that the representations submitted by the father of the petitioner shall be decided, in the light of the provisions contained in the Government Resolution, dated 04/04/2002.

7.

In view of the aforesaid submissions and the facts of the case, no useful purpose would be served by keeping the instant writ petition pending. Therefore, the same is disposed of with a direction to respondent No.1 - Collector, Gadchiroli to decide the representations, dated 28/03/2023 and 17/04/2023, submitted by the father of the petitioner, within a period of three months from today, in the light of the Government Resolution, dated 04/04/2002.

8.

It is made clear that this Court has not expressed any opinion with regard to entitlement of the petitioner for regularization of the land in question.

9.

Accordingly, the writ petition stands disposed of. No order as to costs.

(AVINASH G. GHAROTE, J.) (CHIEF JUSTICE) Wadkar