✦ Bombay High Court · 23 Aug 2024

IN RAST/13594/2024 v. THE STATE OF MAHARASHTRA THROUGH SECRETARY & Ors.

Case at a glance

Outcome

Allowed

For the reasons set out, the Civil Application is allowed and

Key paragraphs

  • Para 22. Heard. The Non-applicants oppose. Delay is of 27 days. For the reasons set out, the Civil Application is allowed and the delay is condoned. REVIEW APPLICATION (ST.) NO. 13594 OF 2024
  • Para 66. In view of the above, this Review Application is disposed off as withdrawn on instructions. ( Y. G. KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J. ) JPChavan

Judgment

Mr. Syed Azizoddin R., Advocate for Applicant Mr. R. S. Wani, AGP for the Respondents-State Mr. M. N. Shaikh h/for Najam Deshmukh, Advocate for Respondent Nos. 4 and 5 CORAM : RAVINDRA V. GHUGE & Y. G. KHOBRAGADE, JJ. DATE : 23rd August, 2024 ORDER:

#2. Heard. The Non-applicants oppose. Delay is of 27 days. For the reasons set out, the Civil Application is allowed and the delay is condoned. REVIEW APPLICATION (ST.) NO. 13594 OF 2024

#3. Review Application is taken up for hearing, by consent of the parties.

#4. The learned Advocate for the Applicant submits that since the Village Panchayat is not removing encroachment on the Government land, he intends to approach the District Collector invoking section 930ca4900 53(2A) of the Maharashtra Village Panchayat Act, 1959. So also, the Collector can sou-moto initiate action. He prays for withdrawal of this Petition.

#5. The learned AGP submits that if the Applicant tenders such application, the Collector would look into the matter as the Collector is conscious of Section 53(2A) of the Act.

#6. In view of the above, this Review Application is disposed off as withdrawn on instructions. ( Y. G. KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J. ) JPChavan

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: For the reasons set out, the Civil Application is allowed and

Which statutory provisions did this judgment involve?

Maharashtra Village Panchayat Act, 1959.

Which court decided this case, and when?

Bombay High Court, on 23 Aug 2024. The bench was Y G KHOBRAGADE, RAVINDRA V GHUGE.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

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