Partly allowed

Aref Baig Munsi Baig Mirza and Others v. the State of Maharashtra through Its Principal Secretary and Others

Bombay HC8 Mar 2023WP/2199/2023

Case brief

AI extract

What is this about?

Petitioners challenging an encroachment notice for lack of specificity. High Court treated notice as a show-cause notice, directed submission of records, mandated authority decision within four weeks, and stayed removal action until April 29, 2023.

What did the court decide?

Impugned notice treated as show-cause notice. Removal of encroachment stayed till 29.4.2023. Authority directed to decide within four weeks after receiving petitioner's explanation.

Aref Baig Munsi Baig Mirza and Others Vs the… — Pension and Retirement Benefits | Bombay HC (2023)

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924 sr.no..odt

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op {1}

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO.2199 OF 2023

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AREF BAIG MUNSI BAIG MIRZA AND OTHERS

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VERSUS

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THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY

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AND OTHERS

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Advocate for Petitioners : Mr. Shrikant G. Kawade
AGP for Respondents: Mr. P.K. Lakhotiya.

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 CORAM : NITIN W. SAMBRE

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& S.G. CHAPALGAONKAR, JJ.

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 DATE : 8th MARCH, 2023

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P.C.:-

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Heard.

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2.Petitioners are claiming to be owner of the properties which
they have purchased vide registered sale deeds, as are reflected at
`Annexure A’. The contention of the petitioner is, the notice issued by
the Gram Panchayat claiming to be under Section 53 of the Maharashtra
Village Panchayats Act is too vague and without considering the aforesaid
rights.

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3.The learned AGP appearing for respondent No.1 submits that
once the authority has formed an opinion, the authority was justified in
proceeding under Section 53.

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4. We have appreciated the aforesaid submissions. Perusal of

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op {2}

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924 sr.no..odt

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the impugned order does not reflect that details as regards encroachment
carried out by the petitioners, location of encroachment in Gat
Number/Servey Number, the fact about alleged ownership of the
petitioenrs over the property, is not at all reflected therein.

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5.In the aforesaid background, we direct that the impugned
notice dated 10.1.2023 be treated as a show cause notice to the
petitioners. We direct the petitioners to appear before the authority of
Gram Panchayat by submitting entire ownership record and their
explanation to the said notice within one week from today.

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6.Once the petitioners submit their explanation, we expect the
authorities to decide the same within a period of four weeks thereafter, as
to whether the petitioners have encroached on the Government land and
whether the action of removal of encroachment is warranted under
Section 53 of the Maharashtra Villager Panchayats Act. The aforesaid
decision be communicated to the petitioenrs in any case, by 21st April,
2023.

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7.We dispose of the petition with a direction that the
respondent shall not give effect to the impugned notice of removal of
encroachment till 29th April, 2023. No costs.

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 [S.G. CHAPALGAONKAR][NITIN W. SAMBRE]
 JUDGEJUDGE

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grt/-

Aref Baig Munsi Baig Mirza and Others v. the State of Maharashtra through Its Principal Secretary and Others

Case brief

What is this about?

What did the court decide?

Aref Baig Munsi Baig Mirza and Others v. the State of Maharashtra through Its Principal 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

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