Abhijeet Arun Avghade v. Collector And ORS.

23-Wp-11224-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11224 OF 2025 Abhijeet Arun Avghade ... Petitioner

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Collector, Kolhapur & Ors.

... Respondents ------ Mr. Yuvraj P. Narvankar for the Petitioner.

Ms. Neha Bhide, G.P. a/w. Ms. Tejas Kapre, A.G.P. for the Respondents-State. ------ Coram : M. S. Karnik & Sharmila U. Deshmukh, JJ.

Date : 15th September 2025.

P. C. :

1.

Heard Mr. Narvankar, learned counsel for the Petitioner and Ms. Bhide, learned G.P. for the Respondents-State.

2.

By this Petition under Article 226 of the Constitution of India, the Petitioner prayed for a direction to the Respondents to regularize the encroachment of the Petitioner on the property, which is subject matter of the Writ Petition, in accordance with the law.

3.

Inviting our attention to page 17 of the paper book, learned counsel for the Petitioner submitted that the Circle Officer in fact had recommended to osk 1 of

23-Wp-11224-2025.doc the Tahsildar, Karveer that the encroachment can be regularized upon payment of necessary charges / penalty. The Circle Officer indicated that there was no objection on their part for such regularization. 4.

Learned counsel submits that instead of taking decision, on the recommendation so made, the Tahsildar (Revenue) by communication dated 10th June 2024 addressed to the Tahsildar Karveer, called upon the Tahsildar Karveer to conduct inquiry into the request made by the Petitioner and submit a report.

5.

Learned counsel submits that final decision on the regularization has to be taken by the Collector, Kolhapur. Now that the report has been called from the Tahsildar Karveer, the Tahsildar Karveer to conduct the inquiry expeditiously and submit a report to the Collector within a period of four weeks from the date of communication of this order. On submission of such inquiry report by the Tahsildar Karveer and after considering the other recommendations, which are relied upon by the Petitioner in this Petition, the Collector Kolhapur to take a final decision on the Application for regularization expeditiously and preferably within a period of 12 weeks from today.

6.

Keeping all contentions open, the Petition is disposed off. [ Sharmila U. Deshmukh, J. ] [ M. S. Karnik, J. ] by OMKAR SHIVAHAR KUMBHAKARN Date:

2025.09.15 19:13:16 +0530 OMKAR SHIVAHAR KUMBHAKARN osk 2 of