Disposed

Grampanchayat Pethwadaj through Its Sarpanch Anita Datta Gaikwad v. the State of Maharashtra through Its Secretary and Others

Bombay HC11 Aug 2023WP/1858/2023

Case brief

AI extract

What is this about?

In a writ petition, the Bombay High Court directed the petitioner Grampanchayat to list encroachments on government land and request assistance from revenue and police authorities to remove them, acknowledging the need to clear its own encroachments first. The court also prescribed the statutory procedure for removal.

What did the court decide?

Directions to immediately list encroachments, request assistance from authorities within 15 days, and remove encroachments following due law within 90 days.

Grampanchayat Pethwadaj through Its Sarpanch Anita Datta… — Landlord and Tenant | Bombay HC (2023)

¶1

919wp1858-23.odt

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

¶3

919 WRIT PETITION NO.1858 OF 2023

¶4

GRAMPANCHAYAT PETHWADAJ THROUGH ITS SARPANCH

¶5

ANITA DATTA GAIKWAD
VERSUS

¶6

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY
AND OTHERS

¶7

Advocate for Petitioner : Mr. Sachin S. Deshmukh
AGP for Respondents 1 to 7- State: Mr. V. M. Kagne
Advocate for Respondent No.8: Mr. S. B. Pulkundwar

¶8

CORAM: RAVINDRA V. GHUGE &
 Y. G. KHOBRAGADE, JJ.
DATE : 11th August, 2023

¶9

ORDER:

¶10

1.The issue is as regards removal of encroachment. The
Petitioner before us is the Grampanchayat which claims to have taken
the initiative to remove encroachments on the Government Land. The
learned Government Pleader submits that notices to 21 establishments
belonging to the Petitioner- Grampanchayat have been issued since
there are encroachments. The Grampanchayat should put it's house in
order first and then seek orders from this Court for removal of
encroachment of others.

¶11

2.The learned counsel for the Petitioner Grampanchayat
submits that there cannot be any excuses against encroachment or
selective removal of encroachment. The Grampanchayat requests

¶12

Page 1 of 2

¶13

919wp1858-23.odt

¶14

assistance of the District Collector Nanded, Tahsildar Kandhar,
Superintendent of Police Nanded and Police Inspector Kandhar so as to
maintain law and order while embarking on removal of encroachments.

¶15

3.In view of the above, this petition is disposed off with the
following directions to the Petitioner :-

¶16

a) to immediately make a written request to Respondent Nos. 2,
4, 6 and 7 and list out all encroachments including encroachments
purportedly made by the Grampanchayat with regard to which 21
notices have been issued to the Grampanchayat by the PWD.

¶17

b)Let such request letters be tendered to these authorities
within 15 days from today.

¶18

c)Thereafter, these authorities would follow the due procedure
laid down in law and by adopting steps as are permissible, render
assistance to the Petitioner for removal of encroachments.

¶19

d)The Petitioner shall follow the due procedure laid down in law
and afford reasonable opportunity to all the stakeholders while
removing the encroachments, preferably within a period of 90 days.

¶20

( Y. G. KHOBRAGADE, J. )

¶21

 ( RAVINDRA V. GHUGE, J. )

¶22

JPChavan

¶23

Page 2 of 2

Grampanchayat Pethwadaj through Its Sarpanch Anita Datta Gaikwad v. the State of Maharashtra through Its Secretary and Others

Case brief

What is this about?

What did the court decide?

Grampanchayat Pethwadaj through Its Sarpanch Anita Datta Gaikwad v. the State of Maharashtra through Its Secretary 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

Case details

Similar cases

Shivdas Bhavsing Chavan and Others Vs the State of Maharashtra through the Secretary and Others

Sumanbai Uttam Gadekar Vs the State of Maharashtra Thr Its Secretary and Others

Jalgaon District Central Co. Operative Bank Ltd. Jalgaon through Its Manager Vs the State of Maharashtra through Its Principal Secretary and Others

Aarati Kakasaheb Dhondare and Another Vs the State of Maharashtra through Department of Urban Development and Others

Vimalbai Bhausaheb Dhondare and Others Vs the State of Maharashtra through Department of Urban Development and Others

Parbhanna Poshetti Died through Lrs Mahadu Parbhanna Died through Lrs Vs the Collector Nanded and Others