Allowed

Mahsh N. Avlani and Ors. v. Office of the Collector, Mumbai Suburban Dist. (Recovery Branch) and Ors.

Bombay HC17 Jun 2008WP/1447/2008

Case brief

AI extract

What is this about?

The petitioners, who paid a demanded amount under protest and wished to question the attachment via appropriate proceedings, were allowed to withdraw their writ petition with a liberty to adopt such proceedings, despite the matter being under the Maharashtra Land Revenue Code.

What did the court decide?

Withdrawal of the writ petition allowed with liberty to adopt appropriate proceedings to question the attachment.

Mahsh N. Avlani and Ors. Vs Office of the Collector, Mumbai… — Land Acquisition | Bombay HC (2008)

¶1

 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 ORDINARY ORIGINAL CIVIL JURISDICTION

¶2

 WRIT PETITION (L) NO.1298 OF 2008

¶3

 Mahesh N.Avlani & Ors. .. Petitioners
 V/s.

¶4

 Office of the Collector,
 Mumbai Suburban District
 (Recovery Branch) & Ors. .. Respondents

¶5

 Mr.D.H.Shah for petitioners.

¶6

 Mr.J.S.Saluja, A.G.P. for respondent Nos.2 and 3.

¶7

CORAM: S.C.DHARMADHIKARIJ.
DATE : 17th June, 2008

¶8

P.C.

¶9

 1. The learned advocate appearing for the
 petitioners state that the amount demanded under the
 Warrant of Attachment by the Tahsildar has been paid
 under protest but the petitioners desire to question the
 legality, validity and the manner in which the
 attachment has been made by adopting appropriate
 proceedings.

¶10

 2. Needless to state that the matter is under the

¶11

 Maharashtra Land Revenue Code and it contains enough
 provisions providing for remedies to the petitioner to
 question the order of attachment and the action in
 pursuance thereof. Leaving all such remedies and
 contentions open, the present petition is allowed to be
 withdrawn with liberty as prayed, to adopt appropriate
 proceedings.

¶12

:2:

¶13

 (S.C.Dharmadhikari, J)

Mahsh N. Avlani and Ors. v. Office of the Collector, Mumbai Suburban Dist. (Recovery Branch) and Ors.

Case brief

What is this about?

What did the court decide?

Mahsh N. Avlani and Ors. v. Office of the Collector, Mumbai Suburban Dist. (Recovery Branch) and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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