Bombay HC tells Nanded collector to act on gurdwara land encroachment

CHHATRAPATI SAMBHAJINAGAR: A division bench of Justices Vibha Kankanwadi and Hiten Venegavkar of the Bombay high court directed the Nanded district collector on Dec 12 to initiate action within one month in a case of alleged encroachment on 23 acres of govt land attached to the Nanded Sikh Gurdwara. The court warned that failure to comply would require the collector to appear personally before the high court.

The writ petition was filed by Sardar Manjeet Singh Jagan Singh, a trustee of the Diwan, against the State of Maharashtra and other authorities.


Representing the petitioner, advocate Ganesh Gadhe said, "The dispute pertains to a piece of prime land sizing 23 acres that was granted to the Nanded Sikh Gurdwara as pattedar land for cultivation in 1954. Both the gurdwara board and the petitioner have accepted that ownership of the land vests with the govt. We have submitted in the petition that portions of the land have been encroached upon by private parties and that revenue authorities have failed to take statutory action despite repeated representations."

The HC was informed that after an earlier writ petition was disposed of in July 2023 with liberty to pursue an appropriate remedy, the petitioner moved an application on July 17, 2023, seeking removal of encroachment. On July 25, 2023, the then administrator of the gurdwara clarified before authorities that the petitioner was authorised to represent the gurdwara board, and the administrator of the gurdwara board urged serious consideration of the complaint.

Subsequently, on Oct 25, 2023, revenue authorities directed initiation of action under section 53 of the Maharashtra Land Revenue Code. Further directions were issued on Nov 23, 2023 to the circle officer and talathi to proceed under the same provision. Despite this, the matter did not progress.

In a 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 revealed boards indicating ownership by both the gurdwara board and a private developer on different portions of the land. The officer said due to conversion into property cards and lack of records, it was not possible to determine the nature of ownership and that powers under section 53 rested with the district collector.

On May 27, 2024, the present superintendent of the gurdwara wrote to the Nanded district collector seeking eviction under sections 53 and 242 of the Code, contending that failure to act had caused loss to govt property and, consequently, to the gurdwara. The petition pointed out that the collector did not respond to this communication.

The high court noted the nearly two-year delay and observed that the case appeared to be one where superior authorities merely passed instructions without ensuring actual action. The bench stressed that revenue officers are duty-bound to protect govt land.

The court directed the Nanded collector to initiate and complete action within one month from the date of the order. It warned that in the event of non-compliance, the Nanded district collector would have to remain personally present before the court to explain the steps taken. The matter was posted for further consideration high on board on Jan 17, 2026.

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