Bhagwan S/O Ramchandra Wanjari v. Gran Panchayat Parsodi, Thr. Sarpanch, Bhandara and Others
Case brief
What is this about?
Bombay High Court Nagpur Bench; writ petition allowed; Section 53 Maharashtra Village Panchayats Act 1959; Section 53(2) encroachment removal by Gram Panchayat; notice without Collector's due permission; settled possession more than 30 years; temporary injunction Exh.5; RCS No.192/2023 Civil Judge Senior Division Bhandara; Misc. Civil Appeal No.12/2024 Additional District Judge-2 Bhandara; incorrect record of rights entries; due process of law; possession protected pending suit decision; restraint on further construction with demolition liberty; Gram Panchayat Parsodi; Tahsildar notice.
What did the court decide?
Writ petition allowed: order below Exh.05 dated 21.10.2023 in RCS No.192/2023 (Civil Judge Senior Division, Bhandara) and the order dated 06.07.2024 in Misc. Civil Appeal No.12/2024 (Additional District Judge-2, Bhandara) set aside; Exh.05 application for temporary injunction allowed, protecting the petitioner's possession until the suit is decided on merits; petitioner restrained from making any further construction on the site, failing which the Gram Panchayat is at liberty to demolish it; no order as to costs.