:1: :1: :1: srp. HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2618 OF 2009. WRIT PETITION NO. 2618 OF 2009. WRIT PETITION NO. 2618 OF 2009. M/s. Globe Enterprises, Builders & Developers. ..Petitioners. Versus. The Sub-Divisional Officer, tal Bhiwandi, dist-Thane & Ors. ..Respondents. --- Mr. P.N. Joshi a/w Kishor S. Patil for the petitioner. Mr. V. P. Malavankar A.G.P. for the respondent nos. 1, 2 & 4. CORAM: S. B. MHASE & CORAM: S. B. MHASE & CORAM: S. B. MHASE & D.B.BHOSALE, JJ. D.B.BHOSALE, JJ. D.B.BHOSALE, JJ. DATE: February 26, 2009. DATE: February 26, 2009. DATE: February 26, 2009. P.C. P.C. P.C. 1. Learned counsel appearing on behalf of the petitioner, on instructions from his client who is present in Court, states that the petitioner is withdrawing the application submitted by him to the Tahasildar on 4th April 2007, making a request for allotment of land admeasuring 16,000 square metres for commercial purposes, namely, godown. He also states that his prayers in the writ petition to that extent are withdrawn and be deleted. The statement is accepted and we therefore direct the Tahasildar, Bhiwandi not to consider the application received by him on 4th April 2007 from the petitioner requesting him to grant land admeasuring 16,000 square metres from Survey No. 115 of village Dapode, taluka :2: :2: :2: Bhiwandi, district Thane. 2. Learned counsel for the petitioner submitted that the petitioner has made encroachment in Survey No. 115 of village Dapode, taluka Bhiwandi to the extent of 2,675 square metres. He submits that the said encroachment may be regularised by the respondent. 3. We are aware of the fact that there are Government Resolutions issued by the Government regularising certain types of encroachments. Presently we are not aware of the fact whether the petitioner falls within any of the Government Resolutions which provide for the regularisation of the encroachments. However, the petitioner may point out to the appropriate authority the appropriate Government Resolution under which he claims the regularisation. The Tahasildar or the appropriate authority who has the power shall ascertain as to whether there is encroachment of 2,675 square metres made by the petitioner and thereafter shall ascertain whether the Government Resolutions upon which the petitioner relies are applicable to the case of the petitioner and in case the said Government Resolutions are applicable, the respondent may consider the case of the petitioner for regularisation of encroachment to the extent of 2,675 sq. metres. We make it clear that we have not given any direction for the regularisation and it is for the Government and appropriate authority to take the appropriate decision on its own :3: :3: :3: merits for the regularisation. 4. We have noted the statement of the petitioner that he has made encroachment. Whether there is such an encroachment in fact or not, is a fact to be ascertained by the concerned officer and thereafter the said officer shall take a decision in this respect. We only observe that in case there is factually encroachment to that effect, the co-ercive action shall not be taken by the respondent until the decision in respect of the regularisation is taken. However, if it is found that the petitioner is not entitled for the regularisation under the Government Resolutions, the respondents are at liberty not to regularise the said encroachment and take further steps to take possession of the property. 5. The petitioner shall file an undertaking to this Court within a period of one week that henceforth he will not make any further encroachment in Survey No. 115 of village Dapode. If such undertaking is not filed within the stipulated time, the respondent shall not consider the case of the petitioner for regularisation. 6. With these directions writ petition is disposed of. (D.B.BHOSALE, J.) (S.B.MHASE, J.) (D.B.BHOSALE, J.) (S.B.MHASE, J.) (D.B.BHOSALE, J.) (S.B.MHASE, J.)