Disposed
Gokul Damu Patil and Ors. v. the State of Maharashtra and Anr.
Bombay HCWP/7492/2011
Case brief
from the order text
What is this about?
sr. no..odt IN THE HIGH COURT OF JUDICATURE…
What the court decided
AI extract
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920 sr. no..odt
{1}
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO. 7492 OF 2011
GOKUL DAMU PATIL AND ORS VERSUS THE STATE OF MAHARASHTRA AND ANR
Advocate for Petitioners : Mr. Hrishikesh A. Joshi and A.M. Awate. Mr. G.R. Ingole, AGP for Respondent No.1. Mr. A.S. Bajaj, Advocate for Respondent No.2.
CORAM : B.P. DHARMADHIKARI & A.M. BADAR, JJ. DATE : 15TH NOVEMBER, 2014.
PER COURT:
1] Heard Advocate Joshi for petitioner. Perused the reply filed by the respondents. Also seen the coloured map produced by Advocate Joshi. It is taken on record and marked "X" for identification.
2] It is seen that petitioners have been allotted a small piece of land on southern side of a 3.5 Meter wide path way. On northern side of this way, there is 15 Meter wide road . That road and pathway is separated by a strip of land, which according to petitioners, was originally a nallah and cannot be used for any other purpose.
3] Petitioners seek allotment of this land in their favour. Support is being taken from paragraph No.10 of the petition to urge that in past, entitlement of persons like petitioners has been considered and adjacent piece of land has been allotted.
4] Advocate Joshi also attempts to show that, that adjacent piece is an odd shape plot.
{2}
920 sr. no..odt
5] Respondents have submitted that it is not an odd shape piece and it is an independent plot. Matter is pending before this court since the year 2011.
6] In this situation, we find that interest of justice can be met with by permitting the petitioners to file a proper representation giving in it the details about plot allotted to them area of land claimed by them and how that area is an odd-shape plot. If such representation is made by petitioners within a period of 3 weeks from today. respondent No.2 shall evaluate it independently, on its own merits, within a further period of eight weeks. Leaving all rival contentions in this respect open, we dispose of the petition. No cots.
[A.M. BADAR] [B.P. DHARMADHIKARI] JUDGE JUDGE.
grt/-
GOKUL DAMU PATIL AND ORS
THE STATE OF MAHARASHTRA
B.P. DHARMADHIKARI
A.M. BADAR
As recorded by the court registry
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