The High Court of Bombay Bench at Aurangabad dismissed a writ petition filed by petitioners regarding demolished property, holding that they have a pending civil suit and have availed alternate remedies.
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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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO. 1446 OF 2015
JAFAR KAHN S/O GAFUR KHAN AND ORS.
VERSUS
THE STATE OF MAHARASHTRA AND ORS.
..
Mr.VP Latange, Adv. For petitioners;
Mr. SK Kadam, AGP for State;
Mr. MS Deshmukh, Adv. For Resp.No.2.
CORAM: R.M.BORDE &
P.R.BORA,JJ.
DATE :5 th February,2015.
PER COURT :
1)It is not a matter of dispute that the
petitioners have presented a suit claiming
declaration and injunction in respect of the property
and the suit is pending. It is also informed that an
application seeking interim order/relief is tendered
in the pending suit and the date is also prescribed
for hearing in the application. In the meanwhile, it
is contended that the the Municipal Corporation, by
adopting high-handed attitude demolished some part of
the property. Since it is informed that part of the
property has already been demolished and the suit is
pending before the civil court, it is open for the
petitioners to approach the civil court and seek
appropriate orders.
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2)Since alternate remedy already is availed by
the petitioners, no interference is called for.
3)Keeping the option of the petitioner to
prosecute the pending suit, open, the writ petition
stands disposed of.
4)If the petitioners make a request to the
concerned Civil Judge to take up the matter on
priority basis, the Civil Court may consider the same
and take up the matter considering the urgency of the
matter.
5)Authenticated copy of this order be provided
to the counsel for petitioners.
bdv/
JAFAR KAHN S/O GAFUR KHAN AND ORS.
THE STATE OF MAHARASHTRA AND ORS.
R.M.BORDE
P.R.BORA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court