Disposed

Shantabai Sarichand Rathod and Another v. the State of Maharashtra and Others

Bombay HC19 Nov 2014WP/3198/2014

Case brief

AI extract

What is this about?

The Bench directed the concerned Gram-Sevak to remove encroachment on 'gairan' land within three months via due legal procedure. Additionally, the court allowed petitioners to withdraw Rs. 25,000 deposited as a bonafide bond with accrued interest and rejected a request for time to file a reply from specific respondents.

What did the court decide?

Direction to Gram-Sevak to remove encroachment within three months; withdrawal of Rs. 25,000 bond with interest; rejection of request for time to file reply.

Shantabai Sarichand Rathod and Another Vs the State of… — Land Acquisition | Bombay HC (2014)

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G.A.Ghule [P.A.]

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wp 3198.14 (Sr.No.30).sxw

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY. BENCH AT AURANGABAD. CIVIL APPELLATE JURISDICTION.

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WRIT PETITION NO. 3198 OF 2014.

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SHANTABAI SARICHAND RATHOD AND ANOTHER

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Versus THE STATE OF MAHARASHTRA AND OTHERS

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…

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Appearance =>

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Mr. V.P. Latange, Advocate for the Petitioners.

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Mrs. A.V. Gondhalekar, Asstt.Govt.Pleader for the State of Maharashtra.

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Mr. Harish Puse, Advocate h/for Mr. Ramesh Imale, Advocate for Resp.Nos.6 to 11.

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CORAM : B.P. Dharmadhikari & A.M. Badar, JJ. DATE : 19^th November, 2014.

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Per Court :-

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Mr. Harish Puse, learned counsel is seeking time on behalf of Respondent Nos. 6 to 11 to file reply. Mr. Vijay Latange, learned counsel, upon instructions, states that those respondents, who have been added because of order of this court dated 19^th August, 2014 shall not be prejudiced or at this stage affected by present adjudication.

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[2] In view of the statement made by Mr. Vijay Latange, learned counsel for the petitioners, we reject the request of Mr. Harish Puse, learned counsel appearing for Resp.Nos.6 to 11.

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2/2 wp 3198.14 (Sr.No.30).sxw

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[3] Mrs. Gondhalekar, learned Asstt.Govt.Pleader for the State of Maha. has stated that measurement of “ gairan land” [xk;jku tehu] is already over and certain encroachments are noted thereon. Communication [tkdz2014@tek&2@vfrdzeu@dkoh] rgfly dk;kZy;] dUuM] fnukad 02-06-2014 ] has been sent to the Gram-Sevak on 2^nd June, 2014 to remove that encroachment. She further states that as and when Gram Sevak, Village Grampanchayat, Ritthi Moharda, Tal. Kanna initiates the action as per the law, State machinery shall co-operate with him.

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[5] Mr. Vijay Latange, learned counsel seeks time bound program for removal of encroachment on “ gairan land”.

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[6] In this situation, we direct the concerned Gram-Sevak [Not party to the present Writ Petition] to see that encroachment on “gairan land” is removed after following due procedure, as per the law, within a period of three months from today.

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[5] An amount of Rs.25,000/- [Rs. Twenty Five Thousand only]deposited by the petitioners to show bonafide is allowed to be withdrawn by them, with interest accrued thereon. With these directions, Writ Petition is disposed of. No costs.

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(A.M. BADAR, J.) (B.P. DHARMADHIKARI, J.)

Shantabai Sarichand Rathod and Another v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Shantabai Sarichand Rathod and Another v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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