LAWS(BOM)-2024-1-59

BAPURAO GOPALA GAIKWAD Vs. STATE OF MAHARASHTRA

Decided On January 31, 2024
Bapurao Gopala Gaikwad Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Heard finally by consent of the parties.

(2.) By the present Writ Petition under Article 226 of the Constitution of India, the Petitioner has put forth prayer clauses (B), (C) and (D) as under:-

(3.) The learned Counsel for the Petitioner submits that, the Petitioner was the owner of Gut No. 54 admeasuring 6 H. 62 R., Gut No.55 admeasuring 6H. 3 R., and Gut No.56 admeasuring 2H. 72 R., situated at village Chimbhale, Taluka Shrigonda, District Ahmednagar. However, in the year 1974, Respondent No.3 Zilla Parishad, acquired the entire land of Gut No. 55 and acquired 3 H. 43 R. from Gut No. 54. The petitioner remained in possession of 3 H. 43 R. land Gut No. 54. Similarly, out of Gut No.56, Respondent no 3 acquired land to the extent of 2H. 62 R out of total 2 H. 72 R. Therefore, 10 R Land remained with the Petitioner. The Petitioner constructed a residential house on the said 10 R. land, which was never acquired by the Respondents. Therefore, on 15/2/2022, the Petitioner submitted an application with Respondent No.5 Tahsildar, Shrigonda praying for correction of 7/12 extract in respect of Gut No.56 to the extent of 10 R. land and he constructed a pakka house and cattle shed thereon.