36 wp-12373-2025(c).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12373 OF 2025 Namdev Tukaram Kadam. ...Petitioner. Versus The State of Maharashtra and Others. ...Respondents. —————— Mr. Ishan Nayak i/b Datta H. pawar for the Petitioner. Mr. Siddheshwar B. Kalel, AGP for the Respondent-State. Mr. Shridhar Patil (thr. V.C.) for the Respondent No. 3, 4 and 5. —————— Coram : Sharmila U. Deshmukh & Neeraj P. Dhote, JJ. Date : August 24, 2026. P. C. : 1. By the present petition, challenge is to the communication dated 22nd August 2025 issued by the Chief Executive Officer, Zilla Parishad, Kolhapur to the Block Development Officer, Panchayat Samitti, Karvir relegating the Petitioner to the appropriate remedy for seeking removal of encroachment on his private land. 2. Upon a query by this Court as to the alternate remedy of filing civil suit, learned Counsel appearing for the Petitioner submits that the civil suit has already been filed. He submits that despite injunction, officials of the Gram Panchayat have failed to perform their duties and have instead inserted the name of some third party in records of Petitioner’s land. Patil-SR 1 of 2 36 wp-12373-2025(c).doc 3. Considering the relief sought, the Petitioner has an alternate remedy of approaching the civil Court, which has already passed injunction order in favour of the Petitioner. It is open for the Petitioner to adopt appropriate proceedings for deletion of the name of third parties from the assessment record in accordance with law. Though it is contended that actionis sought against erring officials, this Court cannot go into disputed questions pertaining to rival claims. We are not inclined to entertain the petition when the Petitioner has already adopted civil remedies. 4. Petition stands disposed of. [Neeraj P. Dhote, J.] [Sharmila U. Deshmukh, J.] Patil-SR 2 of 2