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2017 Supreme(Bom) 1148

MANJULA CHELLUR, G.S.KULKARNI
Pandurang Bapu Khavare – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner: Ms. Radhika Samant i/b. Mr. Pradeep Havnur
For the Respondents: Ms. S.S. Bhende

JUDGMENT :

G.S. Kulkarni, J.

The Petitioner who is a farmer by occupation has filed this Public Interest Litigation interalia seeking a direction against State authorities praying that the land new Gut No.38 and 39 at Chikhalwadi, Taluka Shirala, District Sangli (for short 'the said land'), be permitted to be used as 'Gairan' (land for grazing of cattle) as also water pond situated therein be permitted to be used for the purpose of drinking water for the cattle for common use by the villagers. The Petitioner seeks a further direction that any illegal ploughing by unknown persons on the said land be prohibited.

2. The case of the petitioner is that the land in question was initially owned by one Ramchandra Dattatray Garware who had gifted the said land to the villagers for grazing of cattle. It is stated that in pursuance thereto names of the village panchas came to be recorded in the revenue records in the column of "other rights", which indicate that they were representatives of the villagers. It is stated that out of these persons four persons are deceased. The petitioner contends that since last more than 100 years, the said land is used by the villagers for grazing of cattle as al






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