Dismissed

Shri. Vasanta S/O Sadashiv Guntiwar, and 6 Others v. State of Maharashtra, through Collector, Nagpur, and 5 Others

Bombay HC23 Apr 2014PIL/110/2013

Case brief

AI extract

What is this about?

A PIL seeking direction regarding the sale of an open reserved plot in a layout was rejected as the Court found it involved disputed questions of facts and law unsuitable for extraordinary jurisdiction. Petitioners advised to approach competent tribunals. (Para 18)

What did the court decide?

PIL rejected; petitioners advised to take recourse to remedies available in law.

Shri. Vasanta S/O Sadashiv Guntiwar… — Constitutional and Fundamental Rights | Bombay HC (2014)

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2304pil110.13.odt

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FARAD CONTINUATION SHEET No . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR

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PUBLIC INTEREST LITIGATION NO.110/2013

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Shri Vasanta s/o Sadashiv Guntiwar and others

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...Versus...

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State of Maharashtra, through Collector, Collectorate Premises, Civil Lines, Nagpur and others

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- - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

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Shri C.F. Bhagwani, Adv. for petitioners Mrs. B.H. Dangre Incharge G.P. for R – 1, 5 & 6 Shri S.K. Mishra, Adv. for R- 2 Shri S.M. Puranik, Adv. for R – 3 & 4 Shri Nilesh Gaidhane, Adv. for R – 7 & 8

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CORAM : B.R. GAVAI AND

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C.V. BHADANG, JJ. DATE : 23.04.2014

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This petition has been filed contending that in a layout, an open plot is reserved and is sought to be sold by respondent nos.6 and 7.

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The learned Counsel for respondent no.2 states that the layout, which is sanctioned by the Nagpur Improvement Trust under the Maharashtra Gunthewari Developments (Regularisation, Upgradation and Control), Act, 2001 does not include the open land, which is shown in the map, within the layout.

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2304pil110.13.odt

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The learned Counsel for respondent nos.7 and 8 submits that the open land was never sold to the person, who has made a layout. He states that the open land was retained by the predecessor-in-title of the said respondents.

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In that view of the matter, we find that the petition involves various disputed questions of facts and law, which cannot be adjudicated in the extraordinary jurisdiction of this Court. The Public Interest Litigation is, therefore, rejected.

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The petitioners, if so desire, may take recourse to the remedies available in law.

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JUDGE

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JUDGE

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Wadkar

Shri. Vasanta S/O Sadashiv Guntiwar, and 6 Others v. State of Maharashtra, through Collector, Nagpur, and 5 Others

Case brief

What is this about?

What did the court decide?

Shri. Vasanta S/O Sadashiv Guntiwar, and 6 Others v. State of Maharashtra, through Collector, Nagpur, and 5 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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