IMPORTANT POINT
Existence of an alternate efficacious remedy under the Maharashtra Village Panchayats Act, specifically under Section 53, led to the dismissal of the Writ Petition.

JUDGMENT :

Y.G. KHOBRAGADE, J.

1. Rule. Rule is made returnable forthwith. Heard finally by consent of the parties.

2. By the present Writ Petition under Article 226 of the Constitution of India, the Petitioner has put forth prayer clauses (B), (C) and (D) as under:

“(B) Quash and set aside the impugned notice dated 12.01.2024 issued by the respondent No. 7 Grampanchayat being illegal, arbitrary and contrary to the evidence available on record and for that purpose issue necessary orders.

(C) Issue writ of mandamus or any other appropriate writ, order or direction in the nature of writ of mandamus, directing the respondent No. 5 Tahsildar, Shrigonda to decide the representation/application dated 15.02.2022 filed by the petitioner in respect of correction of 10R area from Gat No. 56 situated at village Chimbhale, Tq. Shrigonda, Dist. Ahmednagar from acquisition proceeding and for that purpose issue necessary orders.

(D) Pending hearing and final disposal of this writ petition, grant stay to the operation, execution and/or implementation of impugned notice dated 12.01.2024 issued by the respondent No. 7 Grampanchayat and for that purpose issue necessary orders.”

3. The learned Counsel for the Petitioner submits that, the Petitioner was the owner of Gut No. 54 admeasuring 6 H. 62 R., Gut No. 55 admeasuring 6H. 3 R., and Gut No. 56 admeasuring 2H. 72 R., situated at village Chimbhale, Taluka Shrigonda, District Ahmednagar. However, in the year 1974, Respondent No. 3 Zilla Parishad, acquired the entire land of Gut No. 55 and acquired 3 H. 43 R. from Gut No. 54. The petitioner remained in possession of 3 H. 43 R. land Gut No. 54. Similarly, out of Gut No. 56, Respondent no 3 acquired land to the extent of 2H. 62 R out of total 2 H. 72 R. Therefore, 10 R Land remained with the Petitioner. The Petitioner constructed a residential house on the said 10 R. land, which was never acquired by the Respondents. Therefore, on 15.02.2022, the Petitioner submitted an application with Respondent No. 5 Tahsildar, Shrigonda praying for correction of 7/12 extract in respect of Gut No. 56 to the extent of 10 R. land and he constructed a pakka house and cattle shed thereon.

4. However, in the month of September 2023, the Respondent No. 8 was trying to fetch water from the percolation tank, without obtaining necessary permission of the Respondent authorities and tried to lay down pipeline to fetch water to his land, which is situated in Gut No. 106 and 107. Therefore, the Petitioner obstructed Respondent No. 8 for laying of the pipeline without permission. Thereafter, Respondent No. 8 assaulted him and his son, hence, the Petitioner lodged a report, but an N.C. No. 873/2021 was registered on 29.09.2021 with Belwandi Police Station. Therefore, to take revenge, Respondent No. 8 lodged a false complaint against him with Respondent No. 5 Tahsildar on 23.05.2022 and copy of the same forwarded to Respondent No. 7 Gram Panchayat. Thereafter, on 27.06.2023, Respondent No. 7 issued a notice to the Petitioner, calling upon him to remove the encroachment described in the notice, within a period of seven days.

5. The learned Counsel for the Petitioner further canvassed that, the Petitioner has already filed Special Civil Suit bearing No. 266 of 2023 before the learned Civil Judge Senior Division, Shrigonda and the same is pending. During the pendency of the suit, the Petitioner served with impugned notice dated 12.01.2024, which is illegal and bad in law hence prayed for quashing and setting aside the same.

6. Per contra, the learned Counsel appearing for the respective Respondents, commonly submitted that, the Petitioner himself admitted about acquisition of his land Gut Nos. 54, 55 and 56 for percolation tank, but the petitioner constructed pakka house and cattle shed on the Government land. Therefore, the Petitioner was served with a notice dated 27.06.2023 for removal of encroachment within a period of seven days, however, the Petitioner submitted representation to Resp