Sau. Panchfulla Wd/O. Nilkanth Tirpude v. The State Of Maharashtra, Thr. Prin. Secretary, Dept. Of Revenue And Forest, Mumbai And ORS

9-WP-3634-23.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

WRIT PETITION NO. 3634 of 2023 Sau. Panchfulla wd/o Nilkanth Tirpude ..PETITIONER versus.

State of Maharashtra, through Principal Secretary Department of Revenue and Forest, Mantralaya, Mumbai and others. ...RESPONDENTS.

.......

Shri M. P. Kariya, Advocate for petitioner.

Shri A.M.Deshpande, In-charge Government Pleader for respondents. ..........

CORAM :- A.S.CHANDURKAR AND MRS. VRUSHALI V. JOSHI, JJ. DATE :- 19th JUNE, 2023 P. C.

Rule. Shri A.M.Deshpande, learned In-charge Government Pleader waives notice for the respondents.

2.

The petitioner seeks to claim benefit of the Government Resolution dated 29.06.2010 in the matter of regularisation of their encroachment on E-Class lands. As per the said Government Resolution, possession of E-Class barren lands between 01.04.1978 and 14.04.1990 has been directed to be protected subject to condition. In that regard, the petitioner has made an application to the Collector, Yavatmal on 12.08.2021 seeking benefit of the said Government Resolution and regularisation of the encroachment made. 3.

In the aforesaid facts, the interest of justice would be served by directing the Collector, Yavatmal to consider the petitioner's application dated 12.08.2021 and decide the same in accordance with law after giving due opportunity to the petitioner. The claim of the petitioner under the Government Resolution dated 29.06.2010 shall also be considered. A decision on the said application be taken within a period of six weeks of receiving the copy of this order. 4.

Rule stands disposed of in aforesaid terms. No costs. ANDURKAR Personal Assistant 20.06.2023 10:09 (MRS. VRUSHALI V. JOSHI, J.) (A.S.CHANDURKAR, J.) Andurkar.