Bombay High Court
Sudam Sambhaji Dhawale And Others vs The State Of Maharashtra Through ... on 1 December, 2022
Bench: Mangesh S. Patil, Y. G. Khobragade
941-WP-12043-2022.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 12043 OF 2022
Sudam Sambhaji Dhawale and others ... Petitioners
Versus
The State of Maharashtra and others ... Respondents
....
Mr. L. K. Pradhan, Advocate for petitioners
Mr. S. B. Yawalkar, AGP for respondents - State
....
CORAM : MANGESH S. PATIL AND
Y. G. KHOBRAGADE, JJ.
DATE : 01.12.2022
PER COURT :-
Heard the learned advocate for the petitioners and the
learned AGP.
2. The petitioners are seeking regularization of their
possession over the Government gairan/forest land as per the
various Government Resolutions dated 27.12.1978, 12.09.1979,
28.11.1991 and 29.06.2010 and as per their application dated
26.09.2022 filed with the respondent - Collector.
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3. Learned advocate for the petitioners submits that the
petitioners are not seeking to get themselves declared as encroachers
and entitled to regularization of the encroachment. They are merely
seeking a direction to the Collector to decide their application dated
26.09.2022 on its own merits and in view of the revenue record as
also the judgment and decree passed in their favour in R.C.S. No.518
of 1997. He submits that even the appeal preferred by the State
against the decree, has been dismissed confirming the decree for
injunction in their favour.
4. The learned AGP expresses anxiousness to issue any
direction to the Collector to decide the petitioners' application in view
of the fact that this Court at the Principal Seat has been ceased of Suo
Motu PIL No.2 of 2022, wherein, the directions have been issued to
the State for removal of encroachments from the gairan land in view
of the decision of the Supreme Court in the case of Jagpal Singh and
others vs State of Punjab and others - (2011) 11 SCC 396. He
submits that even there is direction not to undertake any
regularization without the leave of the Court.
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5. Needless to state that, no order which would run counter
to the order passed in Suo Motu PIL No.2 of 2022 dated 06.10.2022
can be passed. In that matter, the following order is passed.
"5. In view of the aforesaid satisfaction reached by us, we
make the following order:-
(i) There shall be no further regularization of any
encroachment by any authority/officer of the
Government until further orders of this Court, except
in the matter directed by the Supreme Court in Jagpal
Singh (supra).
(ii) The Government of Maharashtra shall file a
further affidavit indicating therein the basis for
regularization of 12,652 encroachments till 12 th July
2011 within 4 (four) weeks from date.
(iii) In such affidavit, the Government of
Maharashtra shall refer to the policy taken by it for
removal of 2,22,153 encroachments on Gairan
together with the road-map which it proposes to draw
so as to facilitate removal of all encroachments by the
end of this year.
(iv) The Government of Maharashtra shall ensure
that no further encroachments on Gairan lands take
place, failing which this Court may be constrained to
take appropriate steps against the persons responsible
for checking that such encroachments do not take
place.
(v) It would desirable if a notice is issued by the
Government of Maharashtra informing all its officers
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posted in the appropriate departments to keep a check
on further encroachments on Gairan lands."
6. Obviously, we have not been called upon to direct the
Collector to regularize petitioners' encroachment. The direction is
being sought merely to direct the Collector to decide the petitioners'
application on its own merits.
7. We, therefore, do not see any impediment in directing the
Collector to consider and decide the petitioners' application dated
26.09.2022 on its own merits. We are not expressing anything about
the merits of the petitioners' claim.
8. Needless to state that the Collector would also be bound
by the directions of this Court in Suo Motu PIL No.2 of 2022. He may
take any decision in accordance with law, Government Resolutions,
the directions in the case of Jagpal Singh (supra) and the order in
Suo Motu PIL No.2 of 2022.
9. The writ petition is disposed of.
[ Y. G. KHOBRAGADE, J. ] [ MANGESH S. PATIL, J. ]
SMS
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