In this writ petition challenging land possession for irrigation, the Court held that with a 45-year delay and no concrete steps by the petitioner, and relying on State of Maharashtra Vs. Digambar, no interference was required, and the petition was rejected as devoid of substance.
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.
wp6946.16.doc
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
WRIT PETITION NO. 6946 OF 2016
Jyoti d/o Badrinarayan Toshniwal .. PETITIONER
VERSUS
The State of Maharashtra & others .. RESPONDENTS
Mr. U.M. Indani, advocate for petitioner. Mr. A.R. Kale, AGP for the State.
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CORAM : R.M. BORDE & K. L. WADANE, JJ. DATE : 7th JULY, 2016.
PER COURT :
According to petitioner, the property has been taken in possession in the year 1971 for construction of minor irrigation tank. Since 1971, for about 45 years, the petitioner does not appear to have taken any concrete step and has not agitated the issue. In view of judgment of Supreme Court in the matter of State of Maharashtra Vs. Digambar reported in (1995) 4 Supreme Court Cases 683, no interference is called for in the instant petition. Writ petition is devoid of substance hence stands rejected.
( K. L. WADANE ) ( R. M. BORDE ) JUDGE JUDGE
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3 issues framed by the court
Whether any interference is called for in the instant petition as petitioner failed to take concrete step for about 45 years.
Whether the writ petition is devoid of substance.
Whether application of State of Maharashtra Vs. Digambar precludes interference.
Colour shows how this judgement treated each authority
State of Maharashtra Vs. DigambarReferred¶12
State of Maharashtra Vs. Digambar reported in (1995) 4 Supreme Court Cases 683
1 provisions across 1 enactments
Jyoti d/o Badrinarayan Toshniwal
The State of Maharashtra
R.M. BORDE
K. L. WADANE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
