Writ petition challenging revenue authority findings dismissed as not pressed. Court granted liberty to institute proceedings to establish property rights and disposed of the petition accordingly.
Liberty granted to petitioners to institute appropriate proceedings to establish their rights in the property in dispute.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.2041 OF 2004
Shri Anant Narayan Thiote
and Anr.
..Petitioners
vs
The State of Maharashtra & Anr.Respondents
Mr Dilip Bodake, for the petitioners.
Mr A.H.Palekar, AGP, for the respondents.
CORAM : D.B.BHOSALE, J.
DATE : FEBRUARY 18, 2005.
P.C.
1.Heard the learned counsel for the parties.
2.This petition is directed against the
concurrent findings recorded by the revenue
authorities in the R.T.S proceedings. Mr Bodake,
learned counsel for the petitioners, at the outset,
on instructions, submits that he has instructions not
to press this petition and the petitioners would be
satisfied if they are given liberty to adopt
appropriate proceedings to establish their rights in
the property in dispute and if they ultimately
succeed, they may be given further liberty to
approach the revenue authorities for effecting
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necessary changes in the revenue record. Mr Palekar,
learned AGP has no objection for granting such
liberty.
3.Having regard to the submissions made by the
learned counsel for the petitioners and the learned
AGP, for the respondents, I am satisfied that the
following order will meet the ends of justice:
(i) Liberty to the petitioners to institute
appropriate proceedings for establishing their rights
in the property in dispute.
(ii) It is needless to state that the orders impugned
in the writ petition would be subject to outcome of
the proceedings that would be instituted by the
petitioners for determining their rights in the
property in dispute. It is open for the petitioners
to approach the revenue authority as and when they
succeed in those proceedings. While granting the
liberty I shall not be understood to have expressed
any opinion on merits of the case. If the
proceedings are initiated by the petitioners for
determining of their rights, same may be considered
in accordance with law. The writ petition is
accordingly disposed as not pressed.
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(iii) All contentions are left open.
(D.B.Bhosale, J.)
1 issue framed by the court
Whether liberty should be granted to petitioners to institute appropriate proceedings to establish their rights in the disputed property.
1 provisions across 1 enactments
Shri Anant Narayan Thiote
The State of Maharashtra
D.B. Bhosale
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court