Mata Savitrbai Phule Magsvargiy Durbai Ghatak Vikas Sahakari Gruhnirmaan Sanshta Ltd Thr. Chairman v. The State Of Maharashtra And Others

919-12941-2025-CWP=.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12941 OF 2025 Mata Savitribai Phule Magasvargiya Durbal Ghatak Vikas Sahakari Gruhnirmaan Sanstha Ltd. ... Petitioner Digitally signed by UDAY SHIVAJI JAGTAP Date:

2026.01.06 18:18:13 +0530 UDAY SHIVAJI JAGTAP

Versus

The State of Maharashtra & Ors.

... Respondents .............

Mr. D.V. Sutar a/w Shruti Ghodake, Omkar Sutar, Reshma Adnaik for the Petitioner.

Ms. T.J. Kapre, AGP for the Respondent - State. .............

CORAM : R.G. AVACHAT AND AJIT B. KADETHANKAR, JJ.

DATE : 6th JANUARY, 2026.

PER COURT :

1.

Heard.

2.

The Petitioner is a Co-operative Housing Society. The Respondent No.2 is alleged to have made some construction without obtaining prior permission of Respondent No. 2 - Grampanchayat. A communication made by the Grampanchayat to the Respondent No.3 is brought to our notice to indicate that the Grampanchayat, to have informed Respondent No.3 that the NOC of the Petitioner - Society is required for granting Uday S. Jagtap 1 of

919-12941-2025-CWP=.doc permission for development. If at all, Respondent No.3 has made any unauthorized construction i.e. without permission of the local Authorities / Grampanchayat, the Grampanchayat may exercise its powers under the Village Panchayat Act.

3.

The Petitioner is a Co-operative Housing Society and according to it, Respondent No.3 has made certain construction on the land of the Petitioner - Society. It is an encroachment. It being a private dispute, the Petitioner - Society may avail the remedy of a Civil Suit for removal of alleged encroachment. With the aforesaid liberty, we dispose of the Writ Petition without issuing notice in the matter. 4.

The Writ Petition is disposed of.

[AJIT B. KADETHANKAR, J. ] [ R.G. AVACHAT, J. ] Uday S. Jagtap 2 of