Dismissed

Ashok Tukaram Sapkal and Others v. the State of Maharashtra and Others

Bombay HC29 Aug 2019WP/10704/2018

Case brief

AI extract

What is this about?

In a writ petition, petitioners sought regularization of father's encroachment on government land. The court rejected the plea relying on a State Government Resolution dated 12.07.2011 issued pursuant to the Apex Court judgment in Jagpal Singh & Ors vs. State of Punjab & Ors and dismissed the petition with liberty under the Maharashtra Land Revenue Code if applicable.

What did the court decide?

Disposed of; no regularization granted; parties advised to approach authorities under Maharashtra Land Revenue Code.

Ashok Tukaram Sapkal and Others Vs the State of Maharashtra… — Land Acquisition | Bombay HC (2019)

¶1

(1)

¶2

12-wp-10704-2018

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 12 WRIT PETITION NO.10704 OF 2018

¶4

ASHOK TUKARAM SAPKAL AND OTHERS..PETITIONERS

¶5

VERSUS

¶6

THE STATE OF MAHARASHTRA AND OTHERS..RESPONDENTS

¶7

Mr. Swapnil S. Patunkar, Advocate for the
Petitioners.

¶8

Mr. K. B. Jadhavar, AGP for Respondents-State.

¶9

… CORAM : S. V. GANGAPURWALA & ANIL S. KIOR, JJ. DATED : 29^th AUGUST, 2019.

¶10

PER COURT:-

¶11

1.The learned counsel for petitioners
submits that petitioners father had encroached upon
the writ land that is Government land Gut No.1138.
The encroachment is since 1970-1972. The
petitioners had approached respondent no.4 for
regularizing the encroachment as per Government
Resolution dated 28.11.1991. The learned counsel
submits that petitioners are below poverty line.
They are landless scheduled tribe persons. The
encroachment is to the extent of five acres. The
learned counsel submits that respondents are not
abiding by the policy decision taken by the State.

¶12

2.The learned A.G.P. submits that, in view
of the judgment of the Apex Court in a case of
Jagpal Singh & Ors Vs. State Of Punjab & Ors
reported in 2011 (11) SCC 396, the Government has

¶13

(2) 12-wp-10704-2018

¶14

issued Resolution dated 12.07.2011 and in view of
the said Resolution, the encroachment on the Gairan
land cannot be regularized.

¶15

3.Considering the Government Resolution
dated 12.07.2011, pursuant to the judgment of the
Apex Court in case of Jagpal Singh & Ors Vs. State
Of Punjab & Ors (supra) grievance of petitioners
cannot be considered.

¶16

4.In case, petitioners have any right under
the provisions of the Maharashtra Land Revenue
Code, petitioners may avail the same.

¶17

5.Writ Petition is disposed of. No costs.

¶18

(ANIL S. KILOR) (S. V. GANGAPURWALA) JUDGE JUDGE

¶19

Devendra/August-19

Ashok Tukaram Sapkal and Others v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Ashok Tukaram Sapkal and Others 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

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Mangesh Kishor Parkar Vs the Department of Post through Chief Post Master Mumbai and Others

Manikrao Jaiwantrao Jadhav Vs the State of Maharashtra and Others

Navnath Ramrao Khoje Vs the State of Maharashtra and Others

M/S Mahesh Oil Mill and Dal Mill through Proprietor Maharudra Bapurao Sakhare Vs the Authorized Officer Canara Bank and Others

Jalindar Sakharam Ambhore and Others Vs the State of Maharashtra and Others

Narayan Maruti Maske Vs the State of Maharashtra and Others