31-WP-12282-2025 (C) draft title.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12282 OF 2025 Ananda Rangarav Patil and Others. ...Petitioners Versus The Collector Kolhapur Collector & Ors. ...Respondents. —————— Mr. Yuvraj Narvankar (thr. V.C.) and Rahul Patil for the Petitioner. Mr. V. M. Mali, AGP for the Respondent-State. —————— Coram : M. S. Karnik & Ajit B. Kadethankar, JJ. Date : December 4, 2025. P. C. : 1. Heard Mr. Narvankar, learned Counsel for the Petitioner and Mr. Mali, learned AGP. 2. Mr. Narvankar, learned Counsel for the Petitioners submits that since last more than 30 years, Petitioners are residing over the land identiied as Gat No.1197 of village Pishavi, Taluka Shahuwadi, District Kolhapur. He would further submit that they have been so permitted to reside there by the Government authorities. 3. Mr. Narvankar, learned counsel would further submit that either way, the Petitioners are occupants on the said land with a permissible occupation. He would submit that Respondent-Authorities, particularly the Gramsevak and Sarpanch issued impugned notices to the Petitioner Patil-SR 1 of 3 31-WP-12282-2025 (C) draft title.doc whereby it was alleged that Petitioners are encroachers on the land Gat No.1197 of village Pishavi, taluks Shahuwadi, District Kolhapur and that the said land is in fact Gairan land. He would submit that notice states that Petitioners were summoned to remove their houses / tenements from the said land or else the grampanchayat would remove such houses/tenements. He would further submit that before issuing such notices, no opportunity of hearing was given to the Petitioners. 4. Mr. Mali, learned AGP on the contrary would submit that in fact notices were issued to the Petitioners to demonstrate their title and their rightful possession over the suit land. 5. However, Mr. Narvankar, learned Counsel for the Petitioner again takes us to the contents of impugned notices wherein the Petitioners were termed to be encroachers on the said land and they were called upon to remove the encroachments. He submits that if the Respondent-Authorities give proper opportunity of hearing to the Petitioners to establish their rightful possession over the subject matter land, Petitioners would be in a position to do so. 6. Mr. Mali, learned AGP would submit that Petitioners would be given an opportunity of hearing by the concerned authority and the next procedure would be undertaken for adjudicating the rights of Petitioners. Patil-SR 2 of 3 31-WP-12282-2025 (C) draft title.doc 7. In the light of above, petition is disposed of with following directions : [i] The Collector, Kolhapur or any oicer authorised by him shall hear the Petitioners on the issue of legitimacy and rightfulness of Petitioner’s possession over the subject matter land. [ii] Petitioners to appear before the Collector, Kolhapur on 15th December 2025 and ile a comprehensive representation. [iii] The Collector, Kolhapur or oicer authorised by him shall thereafter within a period of 16 weeks decide the grievances / claims of Petitioners and shall pass appropriate order in accordance with law. [iv] Petitioners are at liberty to ile evidence / documents in support of their claim of possession over the subject matter land. [v] Needless to mention that Petitioners are at liberty to challenge any order to be passed by the Collector or the oice authorised by him, if such order is adverse to them. [vi] Till the disposal of representations to be iled by Petitioners on 15th December 2025, the Respondent-Authorities shall not take any coercive action against the Petitioners. [Ajit B. Kadethankar, J.] [M. S. Karnik, J.] Patil-SR 3 of 3