BABAMIYA AHMED SHAH Vs. TAHSILDAR BEED

JUDGEMENT

(1.) BY this writ petition, the petitioner challenges the notice dated 9th August, 1987 issued by the Tahsildar, Beed, on the ground that the notice is issued without authority of law.

(2.) IN the impugned notice dated 9th August, 1987 (which is signed on 10th August, 1987), it is mentioned that the land bearing S. No. 4, admeasuring 7 acres and 7 gunthas is held as Inam by Dargah Hurmen Shah, Beed. It is further mentioned that the land is presently under the supervision of the Government. It is alleged in the notice that the petitioner has made encroachment on one acre ten gunthas in a portion of this land bearing S. No. 4. The notice, therefore, directs the petitioner to remove the encroachment, failing which, it is stated that the encroachment would be removed by the Government.

(3.) SECTION 50 of the Maharashtra Land Revenue Code confers power on the Collector to abate or remove any encroachment made on any land or property vested in the State Government. Thus, the necessary condition for exercising powers under section 50 is that the land or property must vest in the State Government. Under section 50, the Collector has no power to remove encroachment made on the private property of a private person.