Rukmini Pandurang Trust, Yavatmal, Thr. Its Secretary v. State Of Maharashtra, Thr. Secretary, Dept. Of Revenue, Mumbai And ORS.

2026:BHC-NAG:6897-DB 1 106-WP-3706-2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.3706 OF 2026 [Rukmini Pandurang Trust, through its Secretary Vs. State of Maharashtra and others] Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri Rohan R. Deo, Counsel for Petitioner.

Shri A.V. Palshikar, Assistant Government Pleader for Respondent Nos.1 to 4. CORAM : ANIL S. KILOR AND RAJ D. WAKODE , JJ.

D ATE : 4 th MAY, 2026 .

1.

Heard Shri Rohan Deo, learned counsel for the petitioner. 2.

The petitioner-Trust is the owner of the agricultural lands, bearing Gat Nos.26 and 27, admeasuring 8.10 hectares and 14.11 hectares, situated at Godhni, Yavatmal, in respect of which this Court, by the order dated 5th December, 2013 passed in Writ Petition No.6462 of 2013, has held that the petitioner-Trust is the owner of the aforesaid agricultural lands and the learned Sub-Divisional Officer, Yavatmal, was justified in directing the respondent Nos.5 to 12 herein to hand over the vacant possession of the aforesaid agricultural lands in favour of the petitioner-Trust.

3.

The aforesaid order passed by this Court was challenged before the Hon'ble Supreme Court, wherein the appeal was dismissed vide order dated 24th March, 2014 passed in Petition for Special Leave to Appeal (Civil) No.5940 of 2014.

4.

Shri Rohan Deo, learned counsel for the petitioner, submits that in pursuance of the aforesaid order passed by the Hon'ble Supreme Court, the respondent-Authority had handed over the vacant possession of the aforesaid agricultural lands from the respondent Nos.5 to 12 to the petitioner-Trust. However, after passage of time, the respondent Nos.5 to 12 have again encroached upon the agricultural lands and hence the petitioner-Trust has approached this Court seeking a direction to the

2 106-WP-3706-2026.odt respondent No.2-Tahsildar, Yavatmal, to take appropriate steps to remove the encroachment of the respondent Nos.5 to 12 and place the petitioner-Trust in possession of the entire agricultural lands owned by the petitioner-Trust. The learned counsel for the petitioner-Trust submits that there is a categorical obligation cast upon the Tahsildar to grant such relief to the petitioner-Trust upon affirming the title of the petitioner-Trust by this Court as well as the Hon'ble Supreme Court. 5.

In view of above, we dispose of the petition with a direction to the respondent No.2-Tahsildar, Yavatmal to treat the present petition as a representation for grant of such relief and decide the same in accordance with law and on its own merits within a stipulated period of eight weeks from the date of production of the order of this Court. 6.

The learned counsel for the petitioner-Trust undertakes to produce the copy of this order so also the copy of the writ petition along with the annexures thereto before the respondent No.2-Tahsildar, Yavatmal, within a period of one week from today.

7.

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

(RAJ D. WAKODE, J.) (ANIL S. KILOR, J.) LANJEWAR