Appaso Dhondiba Yadav And ORS v. The Collector Satara And ORS

501 wp 4179 of 2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4179 OF 2025 Appaso Dhondiba Yadav and Ors.

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Petitioners versus The Collector, Satara and Ors.

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Respondents Mr. Sachin Chavan with Mr. Ashwin Kapadnis, for Petitioners. Mr. S.H.Kankal, AGP for State.

CORAM: N.J.JAMADAR, J.

DATE :

27 MARCH 2025 P.C.

1.

Heard the learned Counsel for the parties.

2.

The papers were produced before the Court at 12.30 p.m., in view of the urgency pleaded by the learned Counsel for the Petitioners. 3.

The Court is informed that the action of demolition is underway at the suit site.

4.

It appears that in the initial measurement carried out by the authorities, no encroachment was shown. In the subsequent measurement carried out by the authorities on 29 January 2024, the encroachment was shown over the land admeasuring 4.50 R.

5.

It is the case of the Petitioners that the land which allotted for the sports complex is different from the one, over which the Petitioners have possessory title on the basis of the Sanad granted by the Collector. 6.

In these circumstances, since the stay was purportedly in operation till SSP 1/2

501 wp 4179 of 2025.doc the decision of the Appeal, the matter requires consideration. 7.

Respondents are at liberty to file affidavit in reply to the Petition and serve its copy on the Petitioners.

8.

Post the Petition for hearing on 2 April 2025. 9.

In the meanwhile, further action of demolition at the suit site, pursuant to the notice dated 7 March 2025 stands stayed. 10.

Learned AGP is requested to communicate this order to the concerned authorities immediately.

( N.J.JAMADAR, J. ) SSP 2/2 Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 27/03/2025 13:45:18