Disposed¶16

Shri. Shekhar Somnath Nichal v. the Collector, Sangli District and Ors.

Bombay HC22 Dec 2025WP/6758/2023

Case brief

AI extract

What is this about?

Bombay High Court, Kolhapur Circuit Bench; Writ Petition No. 6758 of 2023; Shekhar Somnath Nichal v. The Collector, Sangli and Others; encroachment on State Government and Gram Panchayat land; village Kharsundi, taluka Atpadi, district Sangli; Kharsundi Yatra; directions to Collector, Sangli / Tahsildar, Atpadi / Sarpanch, Kharsundi; survey, inquiry, principles of natural justice; eight-week timeline; comprehensive representation; petition disposed of; no statute or precedent cited.

What did the court decide?

Directions to Respondent No.1 (Collector, Sangli), Respondent No.4 (Tahsildar, Atpadi) and Sarpanch, Kharsundi to examine the Petitioner's grievance and initiate appropriate action in accordance with law within eight weeks of receipt of a comprehensive representation from the Petitioner. ¶16

Shri. Shekhar Somnath Nichal Vs the Collector, Sangli District and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether lands belonging to the State Government and the Gram Panchayat at village Kharsundi, taluka Atpadi, district Sangli are heavily encroached upon, leaving devotees attending the Kharsundi Yatra without adequate facilities, and whether the concerned authorities should examine the grievance and initiate action in accordance with law.

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Court's answer

If there are encroachments, action needs to be initiated in accordance with law after making necessary survey, conducting appropriate inquiry and after following the principles of natural justice.

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Ratio / Principle

Respondent No.1 - the Collector, Sangli, Respondent No.4 - Tahsildar Atpadi and Sarpanch, Kharsundi are directed to examine the Petitioner's grievance and initiate appropriate action within eight weeks from the date of receipt of a comprehensive representation which the Petitioner is permitted to file with all necessary details.

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Key takeaways

Although the author of the report annexed to the petition (page 26) is not clear, it can be seen from the report that the lands listed therein belong to the State Government or Gram Panchayat, Kharsundi.obiter¶9

Detailed headnote1 paragraphs

Public-interest writ by a resident of village Kharsundi, taluka Atpadi, district Sangli alleging heavy encroachment on lands belonging to the State Government and the Gram Panchayat, Kharsundi, leaving devotees attending the 'Kharsundi Yatra' without adequate facilities. Relying on a report annexed to the petition (authorship unclear), the Division Bench (M. S. Karnik & Ajit B. Kadethankar, JJ.) directed the Collector, Sangli, the Tahsildar, Atpadi and the Sarpanch, Kharsundi to examine the grievance and, if encroachments are found, initiate action in accordance with law - after necessary survey, appropriate inquiry and compliance with the principles of natural justice - within eight weeks of a comprehensive representation to be filed by the petitioner with all necessary details. Petition disposed of accordingly.

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34 Wp-6758-2023.doc

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

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WRIT PETITION NO. 6758 OF 2023

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Shekhar Somnath Nichal. ...Petitioner. Versus The Collector, Sangli and Others. ...Respondents.

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Anant Wadgaonkar and Sagar P. Patil for the Petitioner. Ms. Tejas J. Kapre, AGP for Respondent-State (Respondent Nos.1 and 4 to 9.)

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——————

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Coram : M. S. Karnik & Ajit B. Kadethankar, JJ. Date : December 22, 2025.

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P. C. :

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1. Heard learned Counsel for the Petitioner. It is the grievance of the Petitioner, who is resident of village Kharsundi, taluka Atpadi, district Sangli that lands belonging to the State Government and Gram Panchayat are heavily encroached upon. He invited our attention to a report as to such encroached lands, which is at page 26 to petition. It is not clear as to who is author of that report. Nonetheless, it can be seen from the said report that lands mentioned in the said report/list belong to the State Government or Gram Panchayat, Kharsundi.

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2. It is the contention of Petitioner that as there is encroachment over the said lands, devotees who come to village Kharsundi for “Kharsundi Yatra” cannot be provided with adequate facilities.

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1 of 2

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Patil-SR

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34 Wp-6758-2023.doc

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3. Petitioner to bring the aforesaid concern to the notice of Respondent No.1 as well as Respondent No.4. Respondent No.1 shall examine the grievance of Petitioner and if there are encroachments, obviously action needs to be initiated in accordance with law after making necessary survey, conducting appropriate inquiry and after following the principles of natural justice.

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4. We, therefore, direct Respondent No.1 – the Collector, Sangli, the Respondent No.4–Tahsildar Atpadi and Sarpanch, Kharsundi to examine grievance of the Petitioner and initiate appropriate action within a period of eight weeks from the date of receipt of a comprehensive representation which we permit the Petitioner to ile with all necessary details.

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5. Petition stands disposed of.

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

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2 of 2

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Patil-SR

Shri. Shekhar Somnath Nichal v. the Collector, Sangli District and Ors.

Case brief

What is this about?

What did the court decide?

Shri. Shekhar Somnath Nichal v. the Collector, Sangli District and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Parties & counsel

Coram

Case details

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