1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Writ Petition No.102 of 2006 [Rajendra Patni, MLA, Karanja Vs. State of Mah & ors.] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. P.C. Madkholkar, Adv., for the petitioner. Mrs. B.H. Dangre, Addl. Govt. Pleader for respondents. ----- CORAM : B.H. MARLAPALLE AND A.H. JOSHI, JJ. DATE : 26th November,2008. 1. This petition in public interest has been filed on or about 14th December, 2005 by the then Member of Legislative Assembly representing Karanja Constituency in Washim District of Vidarbha Region in Maharashtra. 2. The prayer made in this petition reads as under:- “A) Direct respondents no.1 to 4 to act in accordance with letter issued by respondent no.4 dated 5.10.2005 and rest of the respondents be directed to give their report within 15 days from the date of order to the Collector thereby making separate list of encroachers and also persons who are entitled for regularisation of land and further please to remove the encroachment within a period of 2 45 days from the submission of the list by taking appropriate action against the encroachers and also by taking Police aid, if necessary and respondent no.1 be directed to direct the concerned authorities to provide necessary Police help for the removal of encroachment as directed above.” Respondent No.1 is the State of Maharashtra through Chief Secretary, Respondent No.2 is the Secretary in the Department of Revenue, Respondent No.3 is the Commissioner of Amravati Division under which Washim District falls and respondent nos. 5 and 6 are the Sub- Divisional Officers in Washim District, whereas the respondent nos. 7 to 12 are the Tahsildars of different talukas in Washim District. 3. As per the petitioner, the Gairan lands within the possession of the Village Panchayats in six Talukas of Washim District were largely encroached upon and State Govt., was not taking due steps to remove these encroachments. The petitioner also prayed for making a separate list of encroachers and also the persons who are entitled for regularization of lands which were otherwise with the Village Panchyat concerned. 4. Orders were passed in this petition from time to time. Affidavits have been filed by the respondents in obedience of such orders. 3 5. On 8th October, 2008, time was sought by the learned Addl. Govt. Pleader to place before us the details as to when the Collector of Washim district, or at the relevant time, the Collector of Akola district, had restored the lands to the State Govt., which were earlier handed over to the concerned village Panchayat and subsequently regularized the encroachments. We had directed the Collector to place before us all the details with the names of the persons concerned from the concerned villages in whose favour the lands have been so regularized. 6. In obedience of this order, the Sub- Divisional Officer, Washim, has filed an affidavit on behalf of the Collector and has furnished the details of removal of encroachments, the dates of resumption of the lands so encroached along with orders passed in that regard as well as the orders passed for regularization of encroachments/allotment of land by invoking the powers under Section 51 of the Bombay Village Panchayats Act, 1958, as well as the Govt. Resolutions issued in that regard from time to time, i.e., for regularization of encroachments. A booklet has been placed before us by the learned Additional Govt. Pleader giving details of encroachments, resumption of lands by removal of such encroachers and the regularization so made subsequently as per the Govt. policy in vogue at the relevant time and this information is in respect of all the 4 Talukas in Washim district and the information is also village-wise in the concerned Talukas. 7. We have no doubt in our mind that substantially the prayer made in this petition has been met. 8. Mr. Madkholkar, the learned counsel for the petitioner, raised an issue regarding the Govt.'s powers to regularize the encroached lands and subsequently taken over by the Collector. However, from the very prayer made by the petitioner, it is clear that the petition was for removal of encroachments as well as for regularization of the encroached lands in favour of the persons who are entitled. Section 51 (1A) of the Bombay Village Panchayats Act, 1958 reads as under:- 51. (1)..... (1A) Where the State Government is of opinion that any property vested in a panchayat under sub-section (1) is required for the purpose of any national or State development Plan or for any other public purpose, or where any such property is not required by the Panchayat for the purpose for which it was vested, the State Government may resume such property; and upon such resumption, the property shall cease to vest in the Panchayat and shall revest in the State Government.” 9. It is, thus, clear that the State 5 Govt., has the power to resume the land to itself, which was earlier in possession of the Village Panchayat or vested in the Village Panchayat. 10. The Govt. of Maharashtra issued a Govt. Resolution by way of a State policy firstly on 21st August, 1976 and subsequently on 28th November, 1991 for regularization of Gairan land. The Govt. Resolution dated 28th November, 1991 set out the terms and conditions for such regularization, including the lands in which regularization cannot be done and the action of regularization was to be completed by 31st March, 1992. This outer limit of 31st March, 1992 came to be extended by the State Govt., by issuing Govt. Resolutions/Circulars from time to time beginning from 22nd March, 1992 onwards, and the last of these Govt. Resolutions, which are relevant for our consideration, are dated 28th November, 2004 and 9th March, 2007. 11. We, therefore, have no doubt that the Govt., has acted as per its policy even in regularizing the allotment of lands to the persons who are so eligible. The petitioner wanted the list of encroachers as well as the list of persons for regularization of the land so encroached, and also directions to provide necessary police protection to remove the encroachments. The exhaustive report filed by the Sub-Divisional Officer through the learned 6 Additional Govt. Pleader deals with the removal of encroachments, orders of resumption of the lands in favour of the Govt., and also the orders of regularization of encroachments. 12. Hence nothing further survives in this petition and it has served its due purpose. 13. Petition is, therefore, disposed off. Judge Judge |Hedau|