The Court disposed of a writ petition regarding alleged encroachment by a Trust on Government land. It granted liberty to the Collector to remove the encroachment within six months, directing appropriate legal action.
Liberty granted to the Collector to remove encroachment by the Trust on Government land to be carried out within six months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO.1570 OF 2002 WITH CIVIL APPLICATION NO.6109 OF 2004 IN WP NO.1570 OF 2002
Yashwant s/o Lalaji Gadge, Age 30 years, Occu. Agri. and Social Work, R/o Biloli, Tq. Biloli, Gandhi Chowk, Dist. Nanded. ...PETITIONER
VERSUS
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| 10. | Sambhaji S/o Narsingha Meghmale, |
|---|---|
| Age 75 years, Occu. Agri. R/o Main Road, Biloli, Tq. Biloli, Dist. Nanded. |
|
| 11. | Gangaram S/o Bapuji Shinde, Age 70 years, Occu. Agri. R/o Main Road, Biloli, Tq. Biloli, Dist. Nanded. |
| 12. C |
Shri Hanuman Mandir Trust (Old Bus Stand), Biloli, Taluka Biloli, bearing Registration No. A-2224-Nanded District Nanded, through its President Shri Gangadhar S/o Mahalappa Patne Aged 62 years, Occ. Agriculturist. ...RESPONDEN ..... Mr. V.D.Gunale, Advocate for Petitioner. Mr. K.J.Ghute Patil AGP for Respondent Nos. 1 to 3. Mr. N.S.Choudhary Advocate for Respondent no.4. Mr. S.G.Karlekar Advocate for Respondent No.6. Mr. M.V.Deshpande Advocate for Respondent Nos. 7 to 11. ..... WITH IVIL APPLICATION NO. 7593 OF 2014 IN WP NO.1570 OF 2002 |
| 1. | Laxman S/o Gangaram Gangawar Age: 44 years, Occu: Business, R/o Gandhi Chawk, Biloli, Dist. Nanded |
| 2. | Gajanan S/o Gangashankar Gangawar Age: 34 years, Occu: Business, R/o Gandhi Chawk, Biloli, Dist. Nanded |
| 3. | Rajeshwar S/o Gangaram Gangawar Age: 47 years, Occu: Business, R/o Gandhi Chawk, Biloli, Dist. Nanded |
| 4. | Shankar S/o Digambar Argulwar Age: 47 years, Occu: Business, R/o Gandhi Chawk, Biloli, Dist. Nanded |
| 5. | Rajendra S/o Narsinghrao Joshi Age: 64 years, Occu: Business, R/o Main Road, Biloli, Dist. Nanded |
| 6. | Ravindra S/o Madhavrao Chaudhary Age: 33 years, Occu: Business, R/o Gandhi Nagar, Biloli, Dist.Nanded |
...RESPONDENTS
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| 7. | Meera W/o Prakash Sangnor Age: 47 years, Occu: Business, R/o Main Road, Biloli, Dist. Nanded |
|---|---|
| 8. | Prakash S/o Ramalu Pensalwar Age: 55 years, Occu: Business, R/o Gandhi Chawk, Biloli, Dist. Nanded |
| 9. | Umakant S/o Hanmantrao Gopchade Age: 49 years, Occu: Business, R/o Indira Nagar, Biloli, Dist. Nanded |
| 10. | Veerbhadra S/o Gangaram Deshmukh Age: 60 years, Occu: Business, R/o Main Road, Biloli, Dist. Nanded |
| 11. | Shamrao S/o Shankarrao Deshmukh Age: 57 years, Occu: Business, R/o Lohar Galli, Biloli, Dist. Nanded |
| 12. | Shailaja S/o Shankar Pappulwar Age: 45 years, Occu: Business, R/o Nanded, Dist. Nanded ..APPLICANTS VERSUS |
| 1. | Yashwant S/o Lalaji Gadage Age 30 yrs, Occu. Agri and social work, R/o Biloli, Tq.Biloli, Nanded |
| 2. | The State of Maharashtra, Through its Secretary, Revenue and Forest Department, Mantralaya, Mumbai |
| 3. | The Collector, Nanded, Dist: Nanded |
| 4. | The Tahasildar Tq. Biloli, Dist. Nanded |
| 5. | The Municipal Council, Biloli, Tq. Biloli, Dist: Nanded Through its Chief Officer |
| 6. | The Assistant Charity Commissioner Nanded, Dist. Nanded |
| 7. | Gangadhar S/o Mahalappa Patne, Nanded, Age 76 years, Occu. Agri, R/o Main Road, Biloli, Tq. Biloli, Dist: Nanded |
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CIVIL APPLICATION NO. 7594 OF 2014 IN WP NO. 1570 OF 2002
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| 4. | Ananda S/o Ghalappa Patil (Deceased) Through legal heir Kalavatibai W/o Ananda patil Age: 58 years, Occu: Business, R/o Gandhi Nagar, Biloli, Dist. Nanded |
|---|---|
| 5. | Kishan S/o laxmana Chintalwar (Deceased) Through legal heir Kalavatibai W/o kishan Chintawar Age: 55 years, Occu: Business, R/o Indira Nagar, Savali Road Biloli, Dist. Nanded |
| 6. | Vijaykumar S/o Shivram Ansapure (Deceased) Through legal heir Sushilabai S/o Vijaykumar Ansapure Age: 62 years, Occu: Business, R/o Gandhi Nagar, Biloli, Dist. Nanded ..APPLICANTS VERSUS |
| 1. | Yashwant S/o Lalaji Gadage Age 30 yrs, Occu. Agri and social work, R/o Biloli, Tq.Biloli, Nanded |
| 2. | The State of Maharashtra, Through its Secretary, Revenue and Forest Department, Mantralaya, Mumbai |
| 3. | The Collector, Nanded, Dist: Nanded |
| 4. | The Tahasildar Tq. Biloli, Dist. Nanded |
| 5. | The Municipal Council, Biloli, Tq. Biloli, Dist: Nanded Through its Chief Officer |
| 6. | The Assistant Charity Commissioner Nanded, Dist. Nanded |
| 7. | Gangadhar S/o Mahalappa Patne, Nanded, Age 76 years, Occu. Agri, R/o Main Road, Biloli, Tq. Biloli, Dist: Nanded |
| 8. | Vasantrao S/o Govindrao Bilolikar Age: 78 years, Occu: Agri, R/o Main Road, Biloli, Tq. Biloli, Dist. Nanded |
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Mr. D.M.Shinde, Advocate for applicants.
Mr. V.D.Gunale Advocate for Petitioners in W.P.
Mr. K.J.Ghute Patil AGP for Respondent Nos.1 to 3 in WP Mr. N.S.Choudhary Advocate for Respondent No.4 in WP Shri S.G.Karlekar Advocate for Respondent No.6 in WP Shri V.M.Deshpande Advocate for Respondent No. 7 to 12.
CORAM : R. M. BORDE & V.K. JADHAV, JJ. Dated: September 04, 2014
ORAL JUDGMENT :-
to the Respondent no.2- Collector, Nanded, District Nanded to hold an inquiry in respect of alleged encroachment committed by the Respondent No.12-Hanuman Mandir Trust, Biloli, Tq. Biloli over the Governmenet Property and take appropriate action in pursuance to such inquiry. It does appear that, the Collector conducted an inquiry into the matter through Inquiry Officer/District Supply Officer, Nanded and Report of Inquiry
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Officer dated 18.10.2003 Exh.R-3 is placed on record. It is averred by the Collector in the affidavit-in-reply presented on 3.3.2003 that, measurement has been carried out by the concerned Authority and copy of the report of measurement has been received by the Collector, Nanded and it was observed that Trust has made encroachment on the Government land. Report also discloses that, total construction carried out by the Trust is on the Government Land S.No.159/1. The Collector, in the second affidavit-in-reply presented on 1.7.2014, has stated that, due to operation of the order of Status-quo issued by this Court, no further steps could be taken. In view of the facts and circumstances as above, We deem it appropriate to dispose of this Writ petition by granting liberty to the Collector to take appropriate steps in the matter for removal of encroachment allegedly made on the Government Land and it is accordingly directed. Rule is made absolute to the extent specified. No costs. The Collector shall take appropriate action in accordance with the provisions of law, and as expeditiously as possible, preferably within SIX MONTHS from today. The Collector, may, if deemed necessary, may issue notices to all the interested persons, prior to taking action of removal of encroachment.
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stand disposed of accordingly.
aaa/-
1 issue framed by the court
Whether the writ petitioner is entitled to directions to the Collector to remove alleged encroachment by the Trust on Government land.
Yashwant S/o Lalaji Gadage
Shri Hanuman Mandir Trust
The State of Maharashtra
The Collector, Nanded
The Tahasildar
The Municipal Council, Biloli
R. M. Borde
V. K. Jadhav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
