Leave to amend the cause-title in respect of respondent No.1 is granted. The necessary amendment be carried out forthwith.
Heard Mr.Asit B.Joshi, learned advocate for the petitioner. It is submitted by him that by order dated 03.03.1994, 136.56 square metres of land, which was in occupation of the petitioner, was regularized by the Collector. Thereafter, by order dated 13.05.1996, another 31.50 square metres of land that was in occupation of the petitioner had been regularized. However, by order dated 16.01.2003, the Collector exercised powers under Section 79A of the Bombay Land Revenue Code, 1879 ("the Code" for short), directing eviction of the petitioner on the ground that the petitioner had not disclosed in the application for regularization of 31.50 square metres of land that earlier, 136.56 square metres of land had already been regularized. It is submitted that the authorities have acted at the behest of a third party and as a Sale Deed has been executed in respect of 31.50 square metres of land, it cannot be said that the petitioner is an encroacher and powers under Section 79A of the Code could not have been exercised by the respondent authorities. The impugned order of the State Government, whereby the order of the Collector has been confirmed is, therefore, against the fact and law.
Issue Notice returnable on 09.04.2012.
In addition to the normal mode of service, Direct Service is also permitted.
(Smt.
Abhilasha Kumari, J.) (sunil) Top