The Paleshwar Sansthan, Digras Thr. President, Shri. Ramdas Rajeshwar Padmawar v. The Divisional Commissioner, Amravati And ORS.

2024:BHC-NAG:2156-DB 1 919 WP-374-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.374 OF 2023 [Shravan S/o Shalikram Raut .Vs. The Nagar Parishad Digras and Ors.] WITH WRIT PETITION NO.8482 OF 2023 [The Paleshwar Sansthan .Vs. The Divisional Commissioner, Amravati and Ors.] Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Writ Petition No.374 of 2023 Mr S. S. Bhalerao, Advocate for Petitioner.

Mr P. P. Deshmukh, Advocate for Respondent No.1. Mr S. M. Ghodeswar, AGP for Respondent No.2.

Mr A. S. Deshpande, Advocate for Respondent No.3. Mr R. J. Shinde, Advocate for Respondent Nos.4 to 6. Writ Petition No.8482 of 2023 Mr A. S. Deshpande, Advocate for Petitioner.

Mr S. M. Ghodeswar, AGP for Respondent Nos.1 to 3. Mr P. P. Deshmukh, Advocate for Respondent No.4. Mr S. S. Bhalerao, Advocate for Respondent No.5.

CORAM

: AVINASH G. GHAROTE AND SMT. M. S. JAWALKAR, JJ.

D ATE : 21 st FEBRUARY, 2024 .

.

In Writ Petition No.374 of 2023, Mr S. S. Bhalerao, learned counsel, appears for petitioner, Mr P. P. Deshmukh, learned counsel, appears for respondent No.1, Mr S. M. Ghodeswar, learned AGP, appears for respondent No.2, Mr A. S. Deshpande, learned counsel, appears for respondent No.3 and Mr R. J. Shinde, learned counsel, appears for respondent Nos.4 to 6.

2.

In Writ Petition No.8482 of 2023, Mr A. S. Deshpande, learned counsel, appears for petitioner, Mr S. M. Ghodeswar, learned AGP, appears for respondent Nos.1 to 3, Mr P. P. Deshmukh, learned counsel, appeared TAMBE

2 919 WP-374-2023.odt and waives notice for respondent No.4 and Mr S. S. Bhalerao, learned counsel, appeared and waives notice for respondent No.5.

3.

Both the petitions raise common grievance, in as much as it is contended that encroachment has been made on the land of Plot Nos.6, 7, 7/1, 7/2 and 153. All the parties are agreeable to a joint measurement of these properties and to remove whatever encroachment is found in joint measurement on each individual properties. All the land owners are also agreeable for sharing equally the expenses/fees for the joint measurement and to remove any encroachment found in such joint measurement report, accepting which, the petitions are disposed of by directing the parties to approach the TILR by filing an application for joint measurement of plot Nos.6, 7, 7/1, 7/2 and 153 in Nazool Sheet 6-A, Ward No.18 of village Digras, on 26.02.2024 and deposit the fees, who shall then carry out the joint measurement by 08.03.2024 and supply a copy of the joint measurement report to the respective parties by 12.03.2024. The action of removal of encroachment shall stand deferred, till the receipt of the joint measurement report.

(M. S. JAWALKAR, J.) (AVINASH G. GHAROTE, J.) TAMBE