Petitioner seeking writ to direct Kolhapur Municipal Corporation to remove encroachments on his property. Court held independent civil remedies exist, refusing to entertain writ petition and rejecting it.
Writ petition rejected; no direction issued to respondents.
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FARAD CONTINUATION SHEET NO.:
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE SIDE
WRIT PETITION NO.1697 OF 2009
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Office Notes, Office Memoranda of : Court’s or Judge’s orders.
coram, appearances, Court’s orders :
or directions and Registrar’s :
orders. :
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Mr.Amit Borkar for the petitioners.
Mr.S.R.Nargolkar for respondent no.2.
CORAM: S.B.MHASE & D.B.BHOSALE, JJ.
DATED: 25TH FEBRUARY, 2009.
P.C.:
. Heard.
2. The petitioner is owner of the
property, namely, Survey No.711/3
admeasuring 1 hector and 26 Ares. The said
property has been encroached upon by the
respondents. He has filed petition seeking
direction against respondent no.1 - Kolhapur
Municipal Corporation to remove
encroachments. The petitioner is thus
trying to shoot out encroachers by keeping
rifle on shoulder of the corporation. He
has independent civil remedies for removal
of the encroachers, therefore, we refrain to
entertain this petition. The petition is
rejected.
(D.B.BHOSALE, J.) (S.B.MHASE, J.)
1 issue framed by the court
Whether the High Court should entertain a writ petition directing the Municipal Corporation to remove encroachments on private property.
Petitioner
Kolhapur Municipal Corporation
Respondent no.2
S.B.MHASE
D.B.BHOSALE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court