A writ petition challenging the vesting of open space to a temple trust without prior sanction under the Maharashtra Village Panchayat Act. The High Court held the transfer unauthorized and directed removal of encroachment.
Directions to respondents 3 to 7 to remove encroachment over the open space within three 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 AT BOMBAY, BENCH AT AURANGABAD
WRIT PETITION NO. 2640 OF 2016
Sudhir s/o Jagannath Mahajan age 41 years, occ. agril. r/o At Post Anturli, Tq. Muktai Nagar Dist. Jalgaon .. PETITIONER
VERSUS
Mr. V.B. Patil, advocate for petitioner. Mr. V.M. Kangne, AGP for the State. Mr. M.S. Sonawane, advocate for respondent no. 2. Mr. M.G. Patil, advocate for respondents 5 and 6.
Mr. B.A. Shinde, advocate holding for Mr. V.P. Latange, advocate for respondent no. 7.
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CORAM : R.M. BORDE & K.K. SONAWANE, JJ. DATE : 5th OCTOBER, 2016.
ORAL JUDGMENT : ( PER R. M. BORDE, J. )
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or other transfer of any such property shall be valid unless such lease, sale or other transfer has been made with the previous sanction of the Chief Executive Officer. In the instant matter, the mode of transfer has not been disclosed i.e. either by way of lease or sale or any other permissible mode of transfer under the relevant act. The property appears to have been handed over by adopting resolution by the Village Panchayat in the year 2010. The property is possessed by respondent since about six years i.e. beyond three years period stipulated under section 55 of the Act.
( K. K. SONAWANE ) ( R. M. BORDE ) JUDGE JUDGE
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2 issues framed by the court
Whether the transfer of village open space by panchayat without statutory sanction is valid.
Whether the encroachment on the open space is liable to be removed.
1 provisions across 1 enactments
Sudhir s/o Jagannath Mahajan
The State of Maharashtra Through its District Collector, Jalgaon
The Tahsildar, Muktainagar
Zilla Parishad Jalgaon
Panchayat Samiti, Muktainagar
Grampanchayat Anturli Through its Village Development Officer
R. M. Borde
K. K. Sonawane
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
