Rajkumar Dinkar Padale and Anr. v. the State of Maharashtra Throu. Its Rural Development Dept and Ors.
Case brief
What is this about?
Government gairan / grazing land encroachment; village Dighanchi, Taluka Atpadi, District Sangli; Gat Nos. 768, 769, 771, 1645, 1646, 1648, 223, 1553; Article 226 Constitution of India; writ court cannot determine disputed questions of fact; District Collector, Sangli; notice, survey and hearing directions; removal of encroachment with police assistance; four-month compliance timeline; aggrieved persons free to pursue legal remedies; Public Interest Litigation disposed of; no opinion on merits.
What did the court decide?
Directions issued to the District Collector, Sangli: (i) issue notice to the Petitioners, the unofficial respondents and every other person in occupation of the subject land; (ii) carry out a survey to ascertain encroachment on the subject land, if not already carried out; (iii) afford an opportunity of hearing to all parties and allow submission of documents in support of their claims; (iv) if the subject land is found to be Government land, initiate action in accordance with law; (v) provide necessary police assistance for removal of the encroachment, if the land is found to be Government land; (vi) complete the entire exercise within four months. Aggrieved persons left at liberty to pursue remedies available in law; no opinion expressed on merits.