1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR. Writ Petition No. 837 of 2008 (Prakash Atmaram Khadse & anr. Vs. State of Mah. & ors.) Appeal District : Application No. of 200 Writ petition - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's Orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Smt. Vasanti A. Naik, J. DATE : 25 th November, 2008 Heard Shri R.V. Gaikwad for the petitioners, and Shri Parihar, the learned A.G.P., for the respondent nos. 1 to 4. By this petition, the petitioners impugn the order passed by the Additional Commissioner, Amravati, on 29/5/2007 in an appeal filed by the petitioners against the order passed by the Collector. On a perusal of the impugned order, it appears that it has been rightly held by the authorities that the petitioners were not entitled for regularization of the encroachment on the disputed land as the encroachment was not in existence on 14th April, 1990. The authorities rightly considered the Government Resolution dated 28/11/1991, to hold that the 2 petitioners were not entitled for regularization as no encroachment was found on 14th April, 1990. The authorities held that the documents produced by the petitioners on record did not show that the petitioners were in possession of the land as encroachers on 14th April 1990. The submission made on behalf of the petitioners that the Government Resolution dated 28th November, 1991, does require an encroachment on 14th April, 1990, as a pre- requisite for the regularization of the encroachments, is liable to be rejected as clause 1 on page 2 paragraph 2 of the Government Resolution clearly speaks of the encroachments which are made from 1st April 1978 to 14th April, 1990, and further speaks that the encroachment which is existing on 14th April, 1990 should be regularized. The authorities have recorded a clear finding of fact on the basis of the material on record that the petitioners had failed to prove their encroachment on 14th April, 1990. The finding of fact recorded by the authorities cannot be interfered with, in exercise of jurisdiction under Article 227 of the Constitution of India. 3 For the reasons aforesaid, the writ petition is dismissed with no order as to costs. JUDGE RMP