Smt. Kamlabai Pundlikrao Kambale And Others v. The Collector, Amravati And Others

1 7 cas 1110-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAS) NO.1110/2022 IN SECOND APPEAL ST. NO.10197/2022 Smt Kamlabai Pundlikrao Kambale and others Vs.

The Collector, Collector Office, Amravati and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Y.B. Sonone, Advocate for appellants CORAM :

SMT. M.S. JAWALKAR, J.

DATED :

20/10/ For the reason stated in the application, the delay in filing Second Appeal is hereby condoned. 2.

The Registry is directed to register the Second Appeal.

3.

List the matter after Diwali Vacation, 2022 after registration of Second Appeal.

4.

The application stands disposed of.

SECOND APPEAL ST. NO.10197/2022 Issue notice to the respondent, returnable within three weeks on the following substantial question of law:

"Whether the learned Lower Court has rightly hold that the respondent No.3 has power under Section 53(2) of the Bombay Village Panchayat Act, 1958 to remove encroachment on Government land?"

2 7 cas 1110-2022 2.

It is made clear that endeavour shall be made to dispose of the Second Appeal at the stage of admission itself.

JUDGE R.S. Sahare Signed By:RANJANA SAMEER SAHARE