SURAJLAL LILHARE Vs. COLLECTOR, GONDIA

JUDGEMENT

(1.) Heard Shri Surjuse, learned Counsel for the petitioner, and Shri Deopujari, learned Government Pleader for respondents, who appears on waiving notice for them.

(2.) This petition seeks the following reliefs :

(3.) Similar issue was involved in Writ Petition No.4768/2017, which was filed by two petitioners, namely, Dhanpal s/o Dhadulal Dhuware and Ranjuta w/o Manoj Meshram. In that petition, petitioner was respondent no.1 and present respondent no.1 Collector, Gondia was respondent no.3. Naib Tahsildar, Gondia, who is respondent no.2 herein, was not party to that petition and in his place, Tahsildar, Gondia was made a party as respondent no.5. In that petition, the petitioners had sought direction from the Court to the Divisional Commissioner, Nagpur, Collector, Gondia as well as present petitioner regarding removal of encroachment made by respondent no.1 over a piece of land at Mouza Ratnara, Tahsil and District Gondia bearing Gat no. 75 and house no.230, having total area of 0.73 HR. In that petition, the issue of recommendation made by Tahsildar, Gondia to regularise the encroachment made by the present petitioner was raised by the petitioner himself and it was appropriately dealt by this Court while disposing of the petition. This Court in its judgment dtd. 29/1/2019, which disposed of that petition, held as follows :