VILAS ABAJI MOGARKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule returnable forthwith. Heard finally by consent of the learned counsels appearing for the parties.

(2.) The petition challenges the action of encroachment over the Government land by Respondent Nos. 7 to 18. The challenge is on the ground that the Sub Divisional Officer was not competent to regularize such enroachment.

(3.) Notice was issued by this Court on 01.02.2019 for final disposal of the matter. We had passed a speaking order making reference to Government Resolution dated 28.11.1991 regarding regularization of encroachment in exercise of powers conferred by Section 42 of the Maharashtra Land Revenue Code read with Rule 43 of the Land Disposal Rules framed thereunder.