KERBA BHUJANG GAWALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Petitioners in this petition invoke the writ jurisdiction of this Court under Article 226 of the Constitution of India seeking a direction to the respondent authorities to regularize their alleged encroachments upon Barren Government Land and gairan land on the basis of the Government Resolution dtd. 28/11/1991 issued by the State of Maharashtra.

(2.) It is the case of the petitioners that petitioners are agriculturists by profession and are cultivating the Government Barren Land since last 50 years. Thus, they are in possession of the said land and earning their livelihood from the agricultural produce of the said land. Petitioners placed reliance on 7/12 extract of Survey No. 10 and have thus argued that as per the Government Resolution dtd. 28/11/1991, the State of Maharashtra has decided to regularize the encroachment upon the said land and on the basis of the said Government Resolution, the possession of the barren land is with the petitioners from 1/4/1978 to 14/4/1990 and are thus entitled to be regularize in the name of the petitioners. It is also submitted that in pursuance of the Government Resolution dtd. 28/11/1991, respondent No. 3 has also prepared panchanama in 2007 and on the basis of the said panchnama, the names of the petitioners are mentioned therein clearly reflects that the petitioners are in possession of the barren land and is being cultivated for agricultural purpose.

(3.) Learned AGP appearing for the State opposes the petition contending that the petitioners are admitted encroachers upon Government land and no vested or statutory right exists in their favour which would warrant exercise of extraordinary jurisdiction under Article 226. It is further argued that repeated representations made and allegedly not decided for decades cannot create a right in favour of encroachers. The AGP relies upon judgment of the Hon'ble Supreme Court holding that encroachment upon Government land cannot be directed to be regularized and such lands must be restored for public interest and public purpose.