MANOHAR BHAGAJI GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner impugns the communications/order dtd. 20/11/2023 and 2/2/2024 issued by respondent no.5 Tahsildar, Chhatrapati Sambhajinagar and also seeks writ of mandamus/directions against the respondent authorities to take appropriate decision for regularization of the Government/Gairan land in favour of petitioner in terms of directions given by the Supreme Court of India in case of Jagpal Singh Vs. State of Punjab as well as policy laid down in the Government Resolution dtd. 12/7/2011.

(2.) Mr. Ishwar Wagh, learned advocate appearing for petitioner submits that petitioner belongs to 'Kaikadi Community', which is recognized as 'Scheduled Caste'. He is landless person. The petitioner is in possession of Gairan/Grampanchayat land gat no.32 situated at Zalta, Tq. & District Chhatrapati Sambhajinagar since more than 35 years. Entry as to encroachment of the petitioner has been mutated in revenue record on 20/10/2011 for area admeasuring 2 H. The petitioner is cultivating land and earning his livelihood. Encroachment of petitioner has been certified by village Panchayat vide certificate dtd. 12/6/2012 thereby acknowledging possession of the petitioner for more than 25 years over the Gairan Land. Petitioner made an application for regularization of his encroachment in terms of the Government Resolution dtd. 28/11/1991 which stipulates that Government has taken decision to regularize the encroachments made by landless labours or persons belonging to the Scheduled Caste/Scheduled Tribes. Accordingly, on 11/4/2018 District Collector, Aurangabad had addressed a communication to Tahsildar directing him to examine proposal of petitioner in terms of Government Resolutions dtd. 28/11/1991 and 12/7/2011 and take further decision. Further, Divisional Commissioner, Aurangabad has issued a communication dtd. 30/10/2018 directing the District Collector, Aurangabad to consider and decide proposal of the petitioner for regularization of the encroachment.

(3.) Mr. Wagh, would further submit that, in light of guidelines laid down by the Hon'ble Supreme Court of India in case of Jagpal Singh Vs. State of Punjab reported in (2011) (11) SCC 396 and in terms of the Government Resolution of the year 2011, petitioner is entitled for regularization of the encroachment. However, respondent authorities have failed to take appropriate decision.