1 WP No.9 of 2008 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Writ Petition No.9 OF 2008 Raju s/o Gulab Shaikh. ... Petitioner. Versus The State of Maharashtra And Others. ... Respondents. -------- Shri. H.D. Deshmukh, Advocate for petitioner. Shri. B.V. Wagh, Assistant Government Pleader, for respondent Nos.1 to 3. -------- CORAM: NARESH H PATIL & S.V. GANGAPURWALA, JJ. DATE: 11th JANUARY, 2011 PER COURT : 1) Heard. 2) The petitioner is encroacher on the Government land. He had filed an application to the Collector for regularizing the encroachment in accordance with the provisions of the Maharashtra Land Revenue Code and the policy adopted by the State. As his representations were not attended to he had filed Writ Petition No.3851 of 2006. By an order dated 21st 2 WP No.9 of 2008 December 2006 a Division Bench allowed the petitioner to withdraw the writ petition for filing a comprehensive fresh application/representation to the Collector. In spite of filing of application / representation it is stated that the Collector has not passed any order. In stead the Tahsildar Newasa issued notice on 8-12-2006 for removal of the encroachment. The petitioner again approached this Court by filing present writ petition on 27-9-2007. 3) Detail affidavit-in-reply is filed by respondent Nos.2 and 3. According to the deponent on certain grounds encroachment could not be regularized. 4) The learned counsel for the petitioner states that, in case the application filed by the petitioner is decided and an adverse order is passed he may resort to appropriate remedies as permissible to him. 5) We find that in spite of order passed by this Court no order has been passed by the Collector/Deputy Collector on the application filed by the petitioner for regularization of the encroachment. 3 WP No.9 of 2008 6) We, therefore, direct the Collector / Deputy Collector to pass appropriate order strictly in accordance with law and in the facts of the case and communicate the same to the petitioner. The authorities shall pass order within 8 weeks from today. For a period of 8 weeks status quo shall be maintained in respect of the subject land. All issues are kept open. It is clarified that this Court has not expressed any opinion on the merits of the matter. 7) The writ petition is dispose of. Authenticated copy be given to the Assistant Government Pleader. Sd/- Sd/- (S.V. GANGAPURWALA , J.) (NARESH H PATIL, J.) rsl