Samadhan Abarao Wayal And Others vs The State Of Maharashtra, Thr. The ...
2023 Latest Caselaw 7636 Bom

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            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      NAGPUR BENCH, NAGPUR.

                             WRIT PETITION NO.4800/2023

                             Samadhan Abarao Wayal and others
                                            -Vs.-
                             The State of Maharashtra and others

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Office notes, Office Memoranda of
Coram, appearances, Court's orders                     Court's or Judge's Orders.
or directions and Registrar's orders.
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              Mr. P.B. Patil, counsel for the petitioners.




            CORAM: A.S. CHANDURKAR & MRS. VRUSHALI V. JOSHI, JJ.

DATE : 1.8.2023

Heard.

2. The petitioners who claim to reside on portions of Gat No.237, Mouja Chinchkhed, Tahsil Deulgaon Raja, District Buldhana have been served with show cause notice dated 26.4.2023 that has been issued by the Tahsildar, Deulgaon Raja calling upon them to explain as to why the encroachments undertaken by them shall not be removed. In the said notice reference is made to the provisions of Section 50 of the Maharashtra Land Revenue Code, 1966 along with Government Resolutions dated 12.7.2011, 17.11.2018, 16.2.2018 and 22.8.2022 with regard to the procedure to be followed for removal of such encroachment. Having served with these show cause notices the petitioners submitted their reply on 12.7.2023 indicating reasons why the said show cause notice should not be accepted. The petitioners also submitted their proposal for

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regularization of their occupation on 13.7.2023. It appears that the respondent No.7 herein approached this Court by filing Writ Petition No.749/2022 (Shrikrishna Panjabrao Wayal V/s. The Divisional Commissioner, Amravati Division, Amravati and others) and by the judgment dated 22.6.2023 the Grampanchayat Chinchkhed was directed to seek police aid and remove the encroachment in question. The petitioners on getting knowledge of the aforesaid, preferred Civil Application No.2276/2023 seeking modification of the aforesaid judgment. That application came to be dismissed on 27.7.2023 on the ground that the petitioners were not parties to the said writ petition. Pursuant to the aforesaid orders, steps have been taken by the respondent Nos.3 to 6 for removing the encroachment.

3. Prima facie it is seen that the Tahsildar had issued show cause notices to each petitioner on 26.4.2023 in view of the procedure contemplated by the Government Resolution dated 16.2.2018. In response thereto, the petitioners have filed their reply. These show cause notices were issued prior to the order passed in Writ Petition No.749/2022 which was decided on 22.6.2023. It would, therefore, be necessary to reconcile the show cause notices as well as the order passed in Writ Petition No.749/2022.

4. Issue notice to the respondents returnable in two weeks.

5. Mr. A.A. Madiwale, learned Assistant Government Pleader waives notice for the respondent Nos.1 to 3 and 5.

6. In the meanwhile, it is open for the respondent No.5 to consider the reply given by the petitioners to the show cause notice and adjudicate the same in accordance with law. In the event such adjudication is completed prior to the returnable date, the position as

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prevailing today shall be maintained till the returnable date.

7. Hamdast granted.

(MRS. VRUSHALI V. JOSHI, J.) (A.S. CHANDURKAR, J.)

Tambaskar.