Ananda Rangarav Patil Ors. Vs the Collector Kolhapur Collector Ors. Koffic — Bombay HC (2025) — LawSathi Research

Ananda Rangarav Patil Ors. Vs the Collector Kolhapur Collector Ors. Koffic — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of with directions: the Collector, Kolhapur (or an authorised officer) to hear the Petitioners on the legitimacy and rightfulness of their possession; Petitioners to appear on 15th December 2025 and file a comprehensive representation; decision within 16 weeks in accordance with law; liberty to file evidence/documents and to challenge any adverse order; and no coercive action by the Respondent-Authorities till disposal of the representations.

Issue for consideration

Whether the Petitioners are encroachers on Gat No.1197 of village Pishavi, Taluka Shahuwadi, District Kolhapur (alleged Gairan land), or hold legitimate and rightful possession over the subject matter land. +1 more

Court's answer

The Collector, Kolhapur or any officer authorised by him shall hear the Petitioners on the issue of the legitimacy and rightfulness of their possession over the subject matter land.

Ratio / Principle

The Petitioners are to appear before the Collector, Kolhapur on 15th December 2025 and file a comprehensive representation.

Key takeaways

The Collector, Kolhapur or the officer authorised by him shall, within a period of 16 weeks, decide the grievances/claims of the Petitioners and pass an appropriate order in accordance with law.ratio¶26
The Petitioners are at liberty to file evidence/documents in support of their claim of possession over the subject matter land.ratio¶27
The Petitioners are at liberty to challenge any order passed by the Collector or the officer authorised by him, if such order is adverse to them.

Detailed headnote1 paragraphs

Writ Petition (Bombay High Court, Kolhapur Bench, Civil Appellate Jurisdiction) — Petitioners claiming residence for over 30 years on Gat No.1197 of village Pishavi, Taluka Shahuwadi, District Kolhapur, allegedly permitted by Government authorities, were served notices by the Gramsevak and Sarpanch terming them encroachers on the said land (described as Gairan land) and calling upon them to remove their houses/tenements, failing which the grampanchayat would remove them; grievance that no opportunity of hearing preceded the notices. Disposing of the petition, the Court directed the Collector, Kolhapur or an authorised officer to hear the Petitioners on the legitimacy and rightfulness of their possession; Petitioners to appear before the Collector on 15th December 2025 with a comprehensive representation; the Collector to decide the claims within 16 weeks by an appropriate order in accordance with law; Petitioners at liberty to file evidence/documents and to challenge any adverse order; and the Respondent-Authorities restrained from taking coercive action against the Petitioners till disposal of the representations.

31-WP-12282-2025 (C) draft title.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 12282 OF 2025

Ananda Rangarav Patil and Others. ...Petitioners Versus The Collector Kolhapur Collector & Ors. ...Respondents.

...Respondents.

Mr. Yuvraj Narvankar (thr. V.C.) and Rahul Patil for the Petitioner. Mr. V. M. Mali, AGP for the Respondent-State.

——————

Coram : M. S. Karnik & Ajit B. Kadethankar, JJ. Date : December 4, 2025.

P. C. :

1. Heard Mr. Narvankar, learned Counsel for the Petitioner and Mr. Mali, learned AGP.

2. Mr. Narvankar, learned Counsel for the Petitioners submits that since last more than 30 years, Petitioners are residing over the land identiied as Gat No.1197 of village Pishavi, Taluka Shahuwadi, District Kolhapur. He would further submit that they have been so permitted to reside there by the Government authorities.

3. Mr. Narvankar, learned counsel would further submit that either way, the Petitioners are occupants on the said land with a permissible occupation. He would submit that Respondent-Authorities, particularly the Gramsevak and Sarpanch issued impugned notices to the Petitioner

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31-WP-12282-2025 (C) draft title.doc

whereby it was alleged that Petitioners are encroachers on the land Gat No.1197 of village Pishavi, taluks Shahuwadi, District Kolhapur and that the said land is in fact Gairan land. He would submit that notice states that Petitioners were summoned to remove their houses / tenements from the said land or else the grampanchayat would remove such houses/tenements. He would further submit that before issuing such notices, no opportunity of hearing was given to the Petitioners.

4. Mr. Mali, learned AGP on the contrary would submit that in fact notices were issued to the Petitioners to demonstrate their title and their rightful possession over the suit land.

5. However, Mr. Narvankar, learned Counsel for the Petitioner again takes us to the contents of impugned notices wherein the Petitioners were termed to be encroachers on the said land and they were called upon to remove the encroachments. He submits that if the Respondent-Authorities give proper opportunity of hearing to the Petitioners to establish their rightful possession over the subject matter land, Petitioners would be in a position to do so.

6. Mr. Mali, learned AGP would submit that Petitioners would be given an opportunity of hearing by the concerned authority and the next procedure would be undertaken for adjudicating the rights of Petitioners.

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31-WP-12282-2025 (C) draft title.doc

7. In the light of above, petition is disposed of with following directions :

[i] The Collector, Kolhapur or any oicer authorised by him shall hear the Petitioners on the issue of legitimacy and rightfulness of Petitioner’s possession over the subject matter land.

[ii] Petitioners to appear before the Collector, Kolhapur on 15^th December 2025 and ile a comprehensive representation.

[iii] The Collector, Kolhapur or oicer authorised by him shall thereafter within a period of 16 weeks decide the grievances / claims of Petitioners and shall pass appropriate order in accordance with law.

[iv] Petitioners are at liberty to ile evidence / documents in support of their claim of possession over the subject matter land.

[v] Needless to mention that Petitioners are at liberty to challenge any order to be passed by the Collector or the oice authorised by him, if such order is adverse to them.

[vi] Till the disposal of representations to be iled by Petitioners on 15^th December 2025, the Respondent-Authorities shall not take any coercive action against the Petitioners.

[Ajit B. Kadethankar, J.] [M. S. Karnik, J.]

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