GANPAT ASHRUBA KOLI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is a writ petition filed by original encroacher-Ganpat Ashruba Koli for regularization of encroachment made by him in view of Government Resolution dated 12th September, 1979, produced at Exh. "B" with the petition and to give directions to the respondents not to dispossess the petitioner from Survey No. 46 (Gat No. 220) of village Vasadi, Tal. Kannad and to quash and set aside order dated 3.2.1988 whereby the petitioner was informed that his encroachment cannot be regularized as the land is 'Khalwadi' (land used for threshing harvest).

(2.) The facts giving rise to this petition may be stated as below:-

(3.) Respondent Nos. 4 and 6 have appeared and filed affidavit-in-reply. They stated that the land in question is 'Khalwadi' and as such the G.R. in question is not applicable. The encroachment cannot be regularized under the policy of the Government. The respondents relied upon G.R. dated 18th January, 1996, copy of which is taken on record and markd "R-X" for identification. It is also stated that though Gram Panchayat has passed resolution and recommended case of the petitioner for regularisation, the property is belonging to the Government. The Gram Panchayat is not possessor and/or owner of the property and cannot have any say in disposal of the property. It is also stated that the petitioner had made encroachment and cultivating land unauthorizedly since 1970-71 and not prior to that.