Case Note & Summary
The petitioner, Bapurao Gopala Gaikwad, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court, Bench at Aurangabad, challenging a notice dated 12.01.2024 issued by the Chimbhale Grampanchayat (respondent No.7) which called upon the petitioner to show cause why the construction on Gat No.56 should not be demolished. The petitioner claimed that the land in question was subject to a pending application dated 15.02.2022 before the Tahsildar, Shrigonda (respondent No.5), seeking correction of the 10R area from acquisition proceedings. The petitioner contended that the Grampanchayat had no jurisdiction to issue such a notice while the revenue dispute was sub judice. The respondents, including the State of Maharashtra and the Grampanchayat, opposed the petition. The court, after hearing the parties, observed that the petitioner's application before the Tahsildar was pending and that the Grampanchayat's notice did not consider this fact. The court held that the notice could not be enforced until the Tahsildar decides the petitioner's application. The court directed the Tahsildar to decide the application within a stipulated period and ordered status quo regarding possession and construction on the land. The petition was disposed of with these directions.
Headnote
A) Constitutional Law - Writ Jurisdiction - Article 226 of the Constitution of India - Interim Relief - Petitioner challenged notice issued by Grampanchayat for demolition of construction on land where revenue records were disputed - Court held that since petitioner's application for correction of 10R area was pending before Tahsildar, the notice could not be enforced until the Tahsildar decides the application - Held that status quo regarding possession and construction be maintained (Paras 1-5).
Issue of Consideration
Whether the impugned notice dated 12.01.2024 issued by the Grampanchayat for demolition of construction on Gat No.56 is sustainable when the petitioner's application for correction of revenue records is pending before the Tahsildar.
Final Decision
The impugned notice dated 12.01.2024 shall not be enforced until the Tahsildar decides the petitioner's application dated 15.02.2022. The Tahsildar is directed to decide the application within a stipulated period. Status quo regarding possession and construction on Gat No.56 shall be maintained until then. The writ petition is disposed of.
Law Points
- Natural justice
- Right to be heard
- Jurisdiction of Grampanchayat
- Revenue records correction
- Interim protection
