RAJENDRA POPAT WAGHMARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Second Appeal No. 255/2016 is filed against judgment and decree of Regular Civil Suit No. 9/2012, which was pending in the Court of Civil Judge, Senior Division, Kopargaon and also against the judgment and decree of Regular Civil Appeal No. 96/2013, which was pending in the Court of District Judge-2, Kopargaon, District Ahmednagar. Regular Civil Suit No. 9/2012 was filed by in all eight traders for relief of declaration and injunction against present respondents, the State Government and the Collector. These eight traders challenged the decision in First Appeal, but out of the eight plaintiffs only five plaintiffs have challenged the decision of the First Appellate Court by filing present appeal.

(2.) Other Second Appeal No. 256/2016 is filed against judgment and decree of Regular Civil Suit No. 8/2012 and judgment and decree of Regular Civil Appeal No. 95/2013. The said suit was filed by eight traders and all the traders have come to this Court to challenge the decisions of the Courts below. Both the suits were tried together and the appeals filed against the decisions are also decided by common judgment. Heard the learned counsel for appellants.

(3.) In the two suits, notices given by the Tahsildar under the provisions of Maharashtra Land Revenue Code for removal of encroachment made by these traders were challenged. In those notices, Tahsildar had asked them to remove the encroachment and had informed that if the steps are not taken for removal, the State machinery will remove the encroachment. It was contended by plaintiffs that one Mohammad Ali Sayyed was the owner of the land involved, Survey No. 336/2A, though the land was shown in the name of Government. It was contended that suit was pending between these person and the Local Body and so, Government cannot say that the plaintiffs have made encroachment on the land of the Government.