1 WP No.5968 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Writ Petition No.5968 Of 2011 Bhiku s/o Amaru Rathod. .. Petitioner. Versus The Sarpanch, Village Panchayat, Patoda (Kh) At Post Patoda, Taluka Kinwat, District Nanded And Others. .. Respondents. -------- Shri. Vishwajeet R. Jain, Advocate for the petitioner. Shri. V.H. Dighe, Assistant Government Pleader, for respondent No.5. -------- CORAM: D.B. BHOSALE & S.B. DESHMUKH, JJ. DATE: 10th AUGUST 2011 PER COURT : 1) Heard learned counsel for the petitioner and the Assistant Government Pleader for respondent No.5. 2) The petitioner is seeking directions to respondent No.5 to initiate enquiry against respondent Nos.1 and 2 for not taking action for removing encroachment made by respondent No.6 on the public 2 WP No.5968 of 2011 road. He has further prayed for direction to remove the alleged encroachment made by respondent No.6. 3) It is not possible for this Court to enter into the question whether there is an encroachment. However, having regard to the facts and circumstances of the case and the prayer made in the petition we are satisfied that, this petition can be conveniently disposed of even without issuing notices to other respondents by the following order. 4) Respondent No.5-Collector shall issue appropriate directions to the concerned officers/ respondents to verify whether there is an encroachment, as alleged by the petitioner, made by the respondent No.6 or any other person on the road causing obstruction either to the petitioner or other villagers in making use of the said road. If it is found that the encroachment, as alleged, is made either by respondent No.6 or any other person on the road, respondent No.5-Collector shall issue directions to the concerned officers to take immediate steps for removal of the encroachment in accordance with law. It is needles to mention that the concerned authorities for 3 WP No.5968 of 2011 complying this order shall follow the due process of law. If hearing is necessary, same may also be granted to all concerned before taking any action. The concerned respondents shall endeavour to complete the entire exercise within a period of six weeks from the date of receipt of this order if the encroachment is found to be on the public road. The petitioner to produce copy of this order before all the concerned within a period of two weeks from today. With these observations, the petition is disposed of. While passing this order, we shall not be understood to have expressed any opinion on the statements made by the petitioner in respect of the alleged encroachment. Sd/- Sd/- (S.B. DESHMUKH, J.) (D.B. BHOSALE, J.) rsl