CA 3977/11 in WP 1411/09 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.3977/2011 Gangadhar Shankar Game & others V/s The State & others. IN WRIT PETITION NO.1411/2011 _______________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | Shri A.S. Shelke, Advocate for applicant. Shri D.V. Tele, AGP for respondent nos.1 & 2. Shri S.T. Shelke, Advocate for respondent no.3. CORAM: B.R. GAVAI & M.T. JOSHI, JJ. Date: 30.11.2011 Heard learned counsel for the respective parties. The civil application has been filed for reviving the petition in view of the orders passed by this Court on 3.2.2010. This Court vide the said order has disposed of the petition on the basis of the affidavit of the Grampanchayat that the encroachment in question was removed. CA 3977/11 in WP 1411/09 2 The civil application came to be filed in view of the observation of the Division Bench that in case the petitioner was in a position to establish on the basis of proper evidence that the encroachment still subsists, the petitioner would apply for revival of the petition. In the reply to the civil application, it is stated that the encroachment is removed on 25.11.2011. It is thus clear that the encroachment has been removed only after the notices were issued in the present civil application. As such we could have very well revived the petition. However, Shri S.T. Shelke, learned counsel, on instructions from Shri Sudhir Dasharath Unde, Gram Sevak and Shri Laxman Ananda Sonawane, Sarpanch, makes a statement that hereinafter the Grampanchayat would ensure that the encroachments are not permitted on the Grampanchayat land and if any such attempt will be made, the same will be stalled by the Grampanchayat. In that event, we dispose of the petition by taking on record the CA 3977/11 in WP 1411/09 3 undertaking given by Gram Sevak and Sarpanch on behalf of the Grampanchayat. We also make it clear that in the event any encroachments are made on the Grampanchayat land and if the Gram Sevak and the Grampanchayat make an attempt to remove the same and if such attempts are stalled by encroachers, the Grampanchayat and the Gram Sevak would be entitled to seek protection from the concerned Police Station, which protection shall be granted by the concerned Police Station. (M.T. Joshi, J.) (B.R. Gavai, J.) Dt/- 30.11.2011 ndk/c30111140