- 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION No. 255 OF 2009 Jijabai Narayan Patane through her POA Kisan Nana Chirgute .. Petitioner Vs. Tahsildar, Wai, Tal Wai, Dist. Satara & Ors. ..Respondents Mr. Ajit J. Kenjale, for the Petitioner. Mr. V. S. Gokhale, AGP for Respondent Nos. 1 to 4. CORAM : D. D. SINHA & A. A. SAYED , JJ. DATED : MARCH 2, 2010. P.C. : 1. Heard the learned counsel for the petitioner and the learned AGP for respondent Nos. 1 to 4. The counsel for the petitioner submits that the grievance of the petitioner was in respect of unauthorized and illegal construction carried on land Survey Nos. 29 and 30 of village Bhose, Taluka Mahabaleshwar, District Satara by some villagers. The learned counsel brought to our notice the order dated 18th July 2009 passed by this Court in the present writ petition. It is contended that the present petition is filed also for implementation of order passed by respondent dated 5-1-2007 and 6-1-2007 to remove illegal and unauthorized construction forthwith on the said survey numbers. It is contended that vide order dated 18th July 2009 this Court directed to take - 2 - steps to remove the unauthorized encroachment and construction within four weeks and action taken report was also directed to be submitted by the respondent Collector. The learned counsel for the petitioner submitted that at later point of time, Civil Application No. 2025 of 2009 (for intervention) was filed by the persons, aggrieved by the order dated 18th July 2009 passed by this Court. This Court vide order 1st February 2010 modified the order dated 18th July 2009 which reads thus- “1. The Applicants are Intervenors who are aggrieved by the order dated 18th July 2009 passed by this Court in Writ Petition No. 255 of 2009. It is their contention that they will be affected by this order though they were not parties to the Petition. 2. The order dated 18th July 2009 came to be passed on the Petition filed by Smt. Jajabai Narayan Patane who claims to be tenant of the Trust property directing the Respondents to remove the unauthorized and illegal construction erected on the said property. 3. It is the contention of the Applicants that they are also having structures on the land owned by the Trust in their own independent capacity. 4. Taking into consideration that the subject matter of the Petition was of the property belonging to the Trust and the persons who are squatting on the property of the Trust and claiming that they are on the land being members of housing - 3 - society as there are litigations pending before various Authorities and Court,s it will be proper that we modify our order dated 18th July 2009 to the extent that the Respondents are directed to take steps to remove unauthorized encroachment and construction after following due process of law as expeditiously as possible and preferably within twelve weeks from today which will sufficiently protect the interest of the Applicants herein.” 2. The learned counsel for the petitioner prays that the present writ petition may be disposed of in terms of order dated 1st February 2010. The learned AGP states that appropriate steps if not taken already, shall be taken as per the directions issued by this Court vide order dated 1st February 2010. 3. In the backdrop of above referred facts, the grievance of the petitioner stands redressed and therefore, we dispose of the present writ petition in terms of order dated 1st February 2010. Sd/- [D. D. SINHA, J.] Sd/- [ A. A. SAYED, J.]