This bench dismissed a writ petition challenging a land allotment made contrary to a civil court order. The court held that writ jurisdiction is not the proper remedy for enforcing a civil court order and rejected the petition.
The writ petition was rejected with no costs awarded.
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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dgm
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.8631 OF 2010
Krishna Maruti Shelar and ors. .... Petitioners vs State of Maharashtra and ors. .... Respondents
Mr. S.P. Thorat for the petitioners.
Mr. V.S. Gokhale, AGP for respondents no.1..
CORAM: D. K. DESHMUKH & ANOOP V. MOHTA, JJ.
DATE : October 18, 2011
P.C.:
The learned counsel for the Petitioners submits that the
Petitioners press for relief in terms of prayer (a). Prayer (a) of the Petition reads as under:
“(a) That the record and proceeding in respect of land bearing no. adms. 81R from Survey No.31 at Village Mhasve may be called for from the office of Special Land Acquisition Officer and it may be declared that the land which is distributed in favour of Respondent no.4 and 5 is contrary to the order/mandate passed by the Ld. Civil Judge Senior Division in Regular Civil Suit No.246/89.”
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2 Thus, according to the Petitioners, allotment of land made in favour of Respondents 4 and 5 is contrary to an order passed by a Civil Judge, S.D in Regular Civil Suit No.246/1989. If that is so, the remedy of the Petitioners would lie for enforcing that order. A writ petition for enforcement of an order passed by the Civil Judge, S.D is certainly not maintainable. The Petition is rejected. No costs.
(ANOOP V. MOHTA, J.)
(D. K. DESHMUKH,J.)
2 issues framed by the court
Whether a writ petition is maintainable for enforcement of an order passed by a Civil Judge in Civil Suit No. 246/1989.
Whether an allotment of land contrary to a civil court order warrants a writ remedy.
Krishna Maruti Shelar and ors.
State of Maharashtra and ors.
D. K. DESHMUKH
ANOOP V. MOHTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
