Vardhaman Nagari Sahakari Patsanstha Maryadit Through Its Recovery Officer v. The State Of Maharashtra Through The Collector And Others

901wp7637-25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 901 WRIT PETITION NO. 7637 OF 2025 Vardhaman Nagari Sahakari Patsanstha Maryadit Through Its Recovery Officer

VERSUS

The State Of Maharashtra Through The Collector And Others WITH WRIT PETITION NO. 7638 OF 2025 Vardhaman Nagari Sahakari Patsanstha Maryadit Through Its Recovery Officer

VERSUS

The State Of Maharashtra Through The Collector And Others WITH CIVIL APPLICATION NO. 9321 OF 2025 IN WP/7637/2025 Asha Dhondiram Lashkare

VERSUS

State Of Maharashtra Through The Collector And Others .....

Mr. Vishal Amritlal Bagdiya, Advocate for the Petitioner/s Ms. Neha B. B. Kamble, AGP for Respondents State Mr. R. S. Gute, Advocate for Respondent Nos. 5 and 6 in WP/7637/25 Mr. C. V. Thombre, Advocate for the applicant in CA/9321/25 .....

CORAM

: MANISH PITALE & Y. G. KHOBRAGADE, JJ.

DATE : 24th September, 2025 PER COURT :- 1.

We find that in these petitions, despite repeated orders passed by this Court and time being granted, possession of the properties has not been handed over to the petitioner.

2.

In our earlier order, we have emphasized upon the importance of the possession being restored to the petitioner as, it would be a

901wp7637-25 travesty of justice that the private respondents are permitted to encroach upon such properties. We find that although Respondent No.2- Tahsildar has been making efforts, the possession could not be handed over due to lack of police protection. In that light, the respondents- Commissioner of Police, Chhatrapati Sambhajinagar and Police Inspector, Cantonment Police Station, Chhatrapati Sambhajinagar are directed to take necessary steps to ensure that the directions issued by this Court are complied with in letter and spirit. Possession of the remaining properties must be handed over to the petitioner before the next date of listing.

3.

Learned AGP assures this Court that the directions issued in this order would be forthwith communicated to the respondentsCommissioner of Police, Chhatrapati Sambhajinagar and Police Inspector, Cantonment Police Station, Chhatrapati Sambhajinagar. 4.

List the petitions on 30th September, 2025, high on Board for compliance.

( Y. G. KHOBRAGADE, J. ) ( MANISH PITALE, J. ) JPChavan