Yuvraj Vitthal Lad v. The State Of Maharashtra And ORS.

501-wp-12834-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12834 OF 2025 Yuvraj Vitthal Lad .....Petitioner Vs.

The State of Maharashtra & Ors. .....Respondents Mr. Gautam R. Kulkarni, i/b. Mr. Satyajeet A. Rajeshirke, for the Petitioner.

Mr. Sanjay D. Rayrikar, AGP, for the Respondent No.1 to 4-State. CORAM : S. G. CHAPALGAONKAR, J.

DATED : 12th DECEMBER 2025 P.C.:- 1.

Heard learned Advocate appearing for Petitioner. 2.

The order dated 8th December 2025 passed by Tahsildar, Palus, District Sangli is subject matter of present Writ Petition. The learned counsel appearing for Petitioner submits that Petitioner is owner of Gat No.2724. The Tahsildar issued notice for removal of encroachment upon road alleged to have been made by Petitioner and many other land holders. He would submit that previously in a proceeding under Section 5 of Mamlatdar's Courts Act, 1906, farmers from Gat No.2711, 2712, 1713, 1714, 2715 have unanimously decided to use agreed road. The order impugned is passed without Gaikwad RD 1/2

501-wp-12834-2025.doc serving notice to Petitioner or without granting opportunity of hearing.

3.

In view of submissions advanced, issue notice to Respondents returnable on 6th January 2026. The learned AGP waives notice for Respondent Nos.1 to 4.

4.

Till returnable date, no coercive steps shall be taken against Petitioner in pursuance to impugned order.

(S. G. CHAPALGAONKAR, J.) Digitally signed by RAJU DATTATRAYA GAIKWAD Date:

2025.12.15 14:45:49 +0530 RAJU DATTATRAYA GAIKWAD Gaikwad RD 2/2