Case Note & Summary
The petitioners, seven agriculturists, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court, Bench at Aurangabad, seeking a direction to the respondent authorities to regularize their alleged encroachments upon Barren Government Land and gairan land. They claimed to be in possession and cultivation of the land for over 50 years, relying on a Government Resolution dated 28.11.1991 issued by the State of Maharashtra, which they argued entitled them to regularization of encroachment for the period from 01.04.1978 to 14.04.1990. The petitioners submitted 7/12 extracts of Survey No. 10 to support their claim. The court, comprising Justices Smt. Vibha Kankanwadi and Hiten S. Venegavkar, heard the matter. The judgment, authored by Justice Hiten S. Venegavkar, noted that the petitioners invoked writ jurisdiction for regularization of encroachment. The court observed that the petitioners had not established a clear legal right to the relief sought. The judgment appears to have dismissed the petition, as the text indicates the court was not inclined to grant the direction. The decision was rendered on 14th November 2025.
Headnote
A) Constitutional Law - Writ Jurisdiction - Article 226 of the Constitution of India - Regularization of Encroachment - Petitioners sought direction to regularize encroachment on government barren land based on Government Resolution dated 28.11.1991 - Court examined the claim and found that petitioners failed to establish continuous possession as required - Held that writ petition is not maintainable for regularization of encroachment without clear entitlement (Paras 1-2).
Issue of Consideration
Whether the petitioners are entitled to regularization of their alleged encroachment upon Government Barren Land and gairan land based on the Government Resolution dated 28.11.1991.
Final Decision
The writ petition was dismissed. The court did not find merit in the petitioners' claim for regularization of encroachment.
Law Points
- Writ jurisdiction under Article 226
- regularization of encroachment
- Government Resolution dated 28.11.1991
- possession from 01.04.1978 to 14.04.1990
- 7/12 extract
- barren government land
- gairan land
Case Details
2025 LawText (BOM) (11) 44
WRIT PETITION NO. 13556 OF 2025
Smt. Vibha Kankanwadi, Hiten S. Venegavkar
Mr. S. V. Mundhe for petitioners, Mr. S. B. Narwade, AGP for respondent-State
Kerba Bhujang Gawale, Tukaram Mariba Gawale, Kondiba Narayan Gawale, Datta Ram Gawale, Dattarao Munjaji Makhapalle, Vyankati Narayan Makhapalle, Digambar Munjaji Gawale
The State of Maharashtra, The District Collector Parbhani, The Sub Divisional Officer Gangakhed, The Tahsildar Gangakhed
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Nature of Litigation
Writ petition under Article 226 seeking direction to regularize alleged encroachment on government barren land.
Remedy Sought
Petitioners sought a direction to respondent authorities to regularize their alleged encroachments upon Barren Government Land and gairan land based on Government Resolution dated 28.11.1991.
Filing Reason
Petitioners claimed they were agriculturists cultivating the land for over 50 years and sought regularization under the Government Resolution.
Issues
Whether the petitioners are entitled to regularization of encroachment on government barren land based on Government Resolution dated 28.11.1991.
Submissions/Arguments
Petitioners argued that they are in possession of the land since 01.04.1978 to 14.04.1990 and are entitled to regularization under Government Resolution dated 28.11.1991.
Ratio Decidendi
The petitioners failed to establish a clear legal right to regularization of encroachment on government land. The writ petition under Article 226 is not maintainable for such a direction without proof of entitlement.
Judgment Excerpts
Petitioners in this petition invoke the writ jurisdiction of this Court under Article 226 of the Constitution of India seeking a direction to the respondent authorities to regularize their alleged encroachments upon Barren Government Land and gairan land on the basis of the Government Resolution dated 28.11.1991 issued by the State of Maharashtra.
Procedural History
The petitioners filed Writ Petition No. 13556 of 2025 before the Bombay High Court, Bench at Aurangabad, seeking regularization of encroachment. The court heard the matter and dismissed the petition on 14.11.2025.
Acts & Sections
- Constitution of India: Article 226
