Bombay High Court
CA/3387/2021 of SURESH MOHAN BHUJADI Vs THE STATE OF MAHARASHTRA AND OTHERS on 16 October 2026
2026:BHC-AUG:49979
4975-2020.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4975 OF 2020 Uttam Devram Jadhav and others .. Petitioners Versus The State Of Maharashtra And Others .. Respondents WITH CIVIL APPLICATION NO. 3387 OF 2021 IN WP/4975/2020 Suresh Mohan Bhujadi ..
1 12-wp 4975-2020.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 4975 OF 2020
Uttam Devram Jadhav and others
.. Petitioners
Versus
The State Of Maharashtra And Others
.. Respondents
WITH
CIVIL APPLICATION NO. 3387 OF 2021
IN WP/4975/2020
Suresh Mohan Bhujadi
.. Applicant
Versus
The State Of Maharashtra And Others
.. Respondents
Mr. Shivaji T. Shelke, Advocate for Petitioner.
Mr. A. B. Jagtap, Advocate h/f Mr. Amol S. Gandhi, Advocate for Applicant in C. A. No. 3387/2021.
Mr. K. N. Lokhande, AGP for Respondent Nos. 1 & 2.
Mr. Shahaji C. Nadare, Advocate h/f Mr. R. V. Naiknaware, Advocate for Respondent No. 3.
Mr. S. G. Bhalerao, Advocate for Respondent No. 4.
CORAM : KISHORE C. SANT AND
JITENDRA JAIN, JJ.
DATE : 16th OCTOBER, 2026.
PER COURT :-
1.
Heard learned advocate for the petitioners, learned A.G.P.
and learned advocates for respective respondents.
2026:BHC-AUG:49979-DB
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2 12-wp 4975-2020.odt
2.
The only grievance of the petitioners is that their representations made to the learned Collector dated 24.02.2020
are not decided by the learned Collector, Ahilyanagar. The case of the petitioners is that they are the encroachers on the land belonging to Government since 1985. The Government by way of resolution had taken a decision to regularize the encroachers by Government decision dated 06.03.2019. It is the case of the petitioners that still their encroachments are not regularized. The petitioners even submitted reminders, still the Government has not taken decision. Now the petitioners have also taken water connections, electricity collections etc. The Government had also granted grants to construct toilet blocks. Thus, the petitioners have made out a case for regularization.
3.
The respondents pointed out that this Court in two public interest litigations bearing P.I.L. No. 7/2016 and P.I.L. No. 92/2016
disposed of both the PILs by common order dated 26.02.2020
dismissing the PILs which were filed based upon the Government decision dated 06.03.2019. It was kept open for the individuals to make applications or to file any other proceedings.
4.
Today it is tried to be submitted by learned advocate for 3 12-wp 4975-2020.odt respondent No. 4 that the encroachments are made on the canal land of respondent No. 4 and therefore, the petitioners are not entitled to any relief.
5.
This Court finds that, the applications are made before the learned Collector. No satisfactory reason is coming-forth as to why those applications are still not decided by the learned Collector.
Considering above facts, the petition is being disposed of by following order :
ORDER
(i) The learned Collector shall decide the representations of the petitioners dated 24.02.2020 by giving hearing and by looking into documents produced by the petitioners. The said decision shall be taken prior to 30.11.2026 in any case. Thereafter it is open for the authorities to take appropriate action.
(ii) The learned Collector to give hearing to all the parties before him.
(iii) The petitioners to remain present before the learned Collector, Ahilyanagar on 22.10.2026.
(iv) Interim protection granted earlier to continue till the 4 12-wp 4975-2020.odt decision by the learned Collector.
(v) The writ petition stands disposed of.
(vi) In view of disposal of the writ petition, civil application also stands disposed of. However, the applicant shall have opportunity to appear before the learned Collector for hearing. ( JITENDRA JAIN, J.) ( KISHORE C. SANT, J. )
P.S.B.
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