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Bombay High CourtWP/1818/2026disposed off

Dhanraj S/O Jaganrao Pande v. The Collector, Nagpur And Others

2026-03-04Hon'Ble Shri Justice Anil S. Kilor , Hon'Ble Shri Justice Raj D. Wakode3 pages

2026:BHC-NAG:3698-DB 133-WP-1818-2026.odt 1/3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 1818 OF 2026 DHANRAJ S/O JAGANRAO PANDE Vs.

THE COLLECTOR, NAGPUR AND OTHERS __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. Chandiram F. Bhagwani, Advocate for the Petitioner. Mr. S. M. Ukey, Addl. GP for Respondent Nos.1 to 3/State. CORAM : ANIL S. KILOR AND RAJ D. WAKODE, JJ. DATE : 4 th MARCH, 2026.

1.

Heard learned counsel for the petitioner.

2.

The contention is that the petitioner, who is 83 years old, is the owner of the house property bearing Nagpur Municipal Corporation House No. 1066 situated at Gangabai Ghat Road, Near Chitanvispura Police Chowky, Mahal, Nagpur. Towards the north side of the petitioner's house there is a Nazul Plot No.61 and the petitioner is in possession of 200 Sq. Ft. area of the aforesaid Nazul Plot No.61 situated at Mouja-Nagpur, Circle No.4/6, City Survey No. 276, , Sheet No.240, Taluka and Dist. Nagpur.

3.

Learned counsel for the petitioner submits that the petitioner has carried out construction for residential purpose and is in possession of the same since 1982-83. The learned

133-WP-1818-2026.odt 2/3 counsel for the petitioner has invited our attention to the tax receipt dated 20th August 1983, whereby the petitioner has paid the Nazul Rent for the aforesaid portion of 200 Sq. Ft. area to the Nazul and since then is regularly paying the same. The petitioner in the year 2021 gave an application to respondent No.1- Collector, Civil Lines, Nagpur for regularization of encroachment on the said Nazul Plot No.61.

4.

The Divisional Commissioner, vide Communication dated 11th November, 2024 at record Page No.14- Annexure-E has also directed to respondent No.1- Collector to decide the aforesaid proposal of the petitioner for regularization of his encroachment.

5.

Learned counsel for the petitioner submits that even after passage of almost 15 years now, the aforesaid application is not yet decided by respondent No.1 also learned counsel for the petitioner points out the advanced age of the petitioner, who is 83 years old as on date.

6.

In view of the above, we dispose of the present writ petition with a direction to respondent No.1- Collector, Nagpur, to decide the application submitted by the petitioner for regularization of his encroachment on Plot No.61 to the extent of 200 Sq. Ft. as mentioned in the Communication dated

133-WP-1818-2026.odt 3/3 11th November, 2024 within a stipulated period of four weeks from the date of the production of the order of this Court. 7.

The decision taken thereupon shall be communicated to the petitioner within a period of two weeks from the date of decision.

8.

The Writ Petition is accordingly disposed of. (RAJ D. WAKODE, J.) (ANIL S. KILOR, J.) MJ Jadhav