1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 5431/2007 Bakshiram Radhakisanji Bora (dead) and another ..vs.. Addinath Swami Digambar Jain Sansthan, Amravati and others -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- CORAM: R. V. MORE, J. DATED : 3 rd March, 2008 1. Heard Mr. Kasat, learned counsel for the petitioners and Mr. Adgokar, learned A.G.P. for respondent Nos. 2 to 6. 2. The petition pertains to regularisation of the petitioners' encroachment on Nazul Land admeasuring 54 Sq.Mtr. situated at village Bhatkuli. The S. D. O. by order dated 26.02.2002 regularized the petitioners' aforesaid encroachment. The respondent-Sansthan, thereafter, being aggrieved preferred appeal before the Additional Collector, which was dismissed and, thereafter, revision was preferred by the respondent-Sansthan before the Additional Commissioner, which came to be disposed of by the order impugned in the petition. The learned Additional 2 Commissioner, by the order impugned was pleased to remand the matter back to the lower Court and directed to decide the same afresh after following due procedure of law and giving sufficient opportunity to the parties. In view of the above finding of the learned Additional Commissioner that the procedure is not followed while regularizing the petitioners' encroachment, I am not inclined to interfere in the impugned order so far as it remands the matter back and directs the disposal afresh. 3. By later part of the operative order, the Additional Commissioner directed the Tahsildar, Bhatkuli to implement his order dated 20.09.2001. By order dated 20.09.2001, the Tahsildar directed to remove all encroachment of the petitioners. However, subsequent to this order, the petitioners' encroachment as stated above was regularized by the Sub Divisional Officer. It seems that the petitioners are in possession of the land prior to 2001. 4. Mr. Adgokar, learned A.G.P has no objection if the status quo is maintained during the pendency and final 3 disposal of the matter afresh. 5. In that view of the matter, the writ petition is disposed of by passing the following order:- (i) The impugned order, so far as it relates to the remand is concerned is confirmed. (ii) The parties to the petition shall maintain status quo in respect of the possession of the land admeasuring about 54 Sq. Mtrs., sheet No. 4 situated at village Bhatkuli, tq. Bhatkuli, dist. Amravati till the matter is disposed of afresh as per the impugned order. (iii) With above observations, the writ petition stands disposed of with no order as to costs. Steno copy of the order duly authenticated by Sheristedar of this Court be given to the learned A.G.P. JUDGE kahale