The Bombay High Court has issued a stern one-month ultimatum to the Nanded district collector, directing immediate action concerning the alleged illegal occupation of a significant 23-acre government land parcel attached to the historic Nanded Sikh Gurdwara.
Court's Direct Warning to Authorities
A division bench comprising Justices Vibha Kankanwadi and Hiten Venegavkar, on December 12, mandated the collector to initiate and complete necessary proceedings within one month. The bench explicitly warned that non-compliance would compel the collector to appear personally before the high court to explain the inaction.
The order came during the hearing of a writ petition filed by Sardar Manjeet Singh Jagan Singh, a trustee of the Diwan. The petition targeted the State of Maharashtra and other revenue authorities for their alleged failure to protect government land.
Decades-Old Land Grant and the Encroachment Dispute
Advocate Ganesh Gadhe, representing the petitioner, outlined the case's history. The prime 23-acre land was originally granted to the Nanded Sikh Gurdwara as pattedar land for cultivation purposes back in 1954. Both the gurdwara management and the petitioner acknowledge that the ownership remains with the government.
The core grievance is that portions of this land have been encroached upon by private parties. Despite repeated appeals from the gurdwara trustees, the revenue authorities did not take statutory action under the Maharashtra Land Revenue Code to remove these encroachments.
A Timeline of Petitions and Official Inertia
The legal journey saw an earlier petition disposed of in July 2023, with the court granting liberty to seek appropriate remedies. Acting on this, the petitioner filed an application for encroachment removal on July 17, 2023. The then-administrator of the gurdwara board confirmed the petitioner's authority to represent the board and urged serious action on July 25, 2023.
Following this, revenue authorities did issue directions. On October 25, 2023, action under Section 53 of the Maharashtra Land Revenue Code was ordered. Further instructions were sent to the circle officer and talathi on November 23, 2023. However, the matter saw no tangible progress on the ground.
In a revealing communication dated May 25, 2024, the Nanded circle officer informed the petitioner that the relevant survey numbers had been converted into property cards. A spot inspection found boards claiming ownership by both the gurdwara board and a private developer on different parts of the land. The officer cited the conversion and lack of clear records as hurdles, stating that powers under Section 53 now rested solely with the district collector.
Subsequently, the gurdwara's superintendent wrote to the Nanded collector on May 27, 2024, seeking eviction under Sections 53 and 242, arguing that inaction was causing losses to both government and gurdwara property. This communication reportedly went unanswered.
High Court's Scathing Observations and Final Order
Noting the nearly two-year delay, the high court bench observed a pattern where superior authorities merely passed instructions without ensuring their execution. The judges emphasized that revenue officers have a fundamental duty to protect government land from unlawful occupation.
Frustrated by the administrative paralysis, the court directed the Nanded district collector to initiate and complete action within one month from the December 12 order. The matter has been scheduled for further review on January 17, 2026, with the personal presence of the collector mandated if the order is not complied with.
