1 59.WP.13735.26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.13735 OF 2026 TUKARAM MUNJAJI GAIKWAD THROUGH PRAKASH TUKARAM GAIKWAD AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH THE SECRETARY OF REVENUE AND FOREST AND OTHERS ... Advocate for the Petitioner : Mr. Kanade Angad Lala AGP for Respondents: Mr. V.M. Kagne ... CORAM : NITIN B. SURYAWANSHI AND ABASAHEB D. SHINDE, JJ. DATE : 12.10.2026 PER COURT: 1. The request application of the petitioners seeking regularization of their encroachment on the Gairan land is rejected by the respondent by order dated 17.02.2026. This Court in earlier decisions was directed respondents to consider the regularization of the encroachment on Gairan lands in view of the provisions contained in Government Resolution dated 28.11.1991 and 12.07.2011. 2. We have considered the rival submissions made by the learned counsel for the parties and have also perused the records available before us in this Writ Petition. Hon’ble Supreme Court, in the case of “Jagpal Singh & ors. Vs. State of Punjab & ors”. reported in (2011) 11 SC 396, has taken note of certain encroachments on Government land habeeb/ 2026:BHC-AUG:48685-DB 2 59.WP.13735.26.odt and has opined that there cannot be any justification for regularising such illegal occupation. However, while directing the State Government and other authorities to prepare a scheme for eviction of illegal/ unauthorised occupants of the Government land, and the land earmarked for common villagers, has also provided that, regularisation should only be permitted in exceptional cases or where lease has been granted under Government Notification to landless labourers or members of the Scheduled Caste/ Scheduled Tribe, or where there is already a school, dispensary or other public utility on the land. 3. Considering the grant of land to the members of Scheduled Castes for giving effect to the mandate as contained in the judgment of the Hon’ble Supreme Court in Jagpal Singh (supra), the State Government has issued Government Resolution dated 12/7/2011, wherein directions have been issued to give effect to the mandate in the case of Jagpal Singh (supra). Having regard to the provisions contained in Government Resolution dated 12/7/2011 and the provisions contained in Section 22-A of the Maharashtra Land Revenue Code, 1966, which was inserted w.e.f. 26/4/2017, no illegal encroachment is permissible to be regularised on gairan land. 4. Since the application filed by the petitioners is on 08.09.1992, received by the respondents on 11.09.1992 which is prior to the issuance of Government Resolution dated 12.07.2011, the same is habeeb/ 3 59.WP.13735.26.odt wrongly rejected by the respondents. The panchanama enclosed with the writ petition discloses that the petitioners’ encroachment are prior to 1978 on the gairan land. 5. In view of the aforesaid, we quash and set aside the order dated 17.02.2026 with the directions to the petitioners to approach the Collector by making fresh representation, within four weeks from today, seeking regularization of their occupation over the subject land. 6. In view of the aforesaid, we dispose of this Writ Petition with the direction to the Collector, Aurangabad to consider the claim of the petitioners for regularisation of their occupation over the subject land in the light of communication dated 10th September, 2025 by passing a reasoned and speaking order strictly in accordance with law. 7. For taking an appropriate decision, the Collector will call upon the requisite documents and record from his subordinates and shall also provide an opportunity of hearing to the petitioners. 8. The entire exercise shall be completed by the Collector within three months from the date the certified copy of this order is produced before him. 9. With the aforesaid observations and directions, the Writ Petition is disposed of. (ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.) habeeb/