Dismissed

Shri. Navnath Madhukar Randive and Anr. v. the State of Maharashtra, through Secretary, Revenue Dept and Ors.

Bombay HC22 Sept 2014WP/2392/2014

Case brief

AI extract

What is this about?

The High Court of Bombay expressed jurisdiction over a writ petition regarding property rights, noting that statutory remedies existed to challenge the prior order. The court declined to entertain the petition on merits, permitting the petitioner to file appropriate proceedings under the Bombay Public Trusts Act while restraining the 14th respondent from creating further interests temporarily.

What did the court decide?

Restriction imposed on the fourteenth Respondent from creating any further rights in the subject property for a period of four weeks.

Shri. Navnath Madhukar Randive and Anr. Vs the State… — Writ and Judicial Review | Bombay HC (2014)

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wp-2392.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2392 OF 2014

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Shri Navnath madhukar Randive and Anr. .. Petitioners Vs The State of Maharashtra and Others. .. Respondents

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Shri Padmanabh D. Pise for the Petitioners. Mrs. M.P. Thakur, AGP for Respondent Nos.1, 3 to 6 and 8. Shri Ajay A. Joshi for Respondent No.14.

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CORAM : A.S. OKA & G.S.KULKARNI, JJ DATED : 22ND SEPTEMBER 2014

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P.C.

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. Heard learned counsel appearing for the Petitioner and the

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learned counsel appearing for the fourteenth Respondent. We have also heard the learned AGP for first, third to sixth and eighth Respondents. As far as the impugned order dated 5^th May 2008 is concerned, the statutory remedies are available under the provisions of the Bombay Public Trusts Act, 1950. As far as the order of the State Government dated 28^th May 2013 which is impugned in this Petition is concerned, we find that the said order is based on the first impugned order dated 5^th May 2008 passed by the Assistant Charity Commissioner, Sangli. The learned counsel appearing for the fourteenth Respondent invited our attention to the affidavit of the said Respondent. His statement is that the fourteenth Respondent has created third party interests in respect of the property in question which the Petitioner is claiming to be the property of Devsthan.

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As the statutory remedies are available to the Petitioner to challenge the order dated 5^th May 2008, we decline to entertain this Petition. The learned counsel appearing for the Petitioner submits that the fourteenth Respondent may create further third party interests in respect of the property in question before the Petitioner adopts appropriate proceedings.

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The Petition is disposed of by passing the following order :

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ORDER :

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(a) It will be open for the Petitioner to adopt appropriate proceedings in accordance with law to challenge the order dated 5^th May 2008 passed by the learned Assistant Charity Commissioner, Sangli;

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(b) If the Petitioner succeeds in the challenge to the order dated 5^th May 2008, it will be open for the Petitioner to file a fresh Petition for challenging the order dated 28^th May 2014;

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(d) To enable the Petitioner to take appropriate steps, we restrain the fourteenth Respondent from creating any further rights in respect of the property subject matter of this Petition for a period of four weeks from today;

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(e) We make it clear that the appropriate Authority will decide the proceedings filed by the Petitioner without being influenced by the limited protection granted by this Court;

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(g) The Petition is disposed of on above terms.

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(G.S.KULKARNI, J)

Shri. Navnath Madhukar Randive and Anr. v. the State of Maharashtra, through Secretary, Revenue Dept and Ors.

Case brief

What is this about?

What did the court decide?

Shri. Navnath Madhukar Randive and Anr. v. the State of Maharashtra, through Secretary, Revenue Dept and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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