Petitioner sought mandamus to acquire land but Court held execution of existing decree was the appropriate remedy. Writ disposed to expedite execution for six months.
Execution application expedited for disposal within six months; writ petition disposed accordingly.
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.
- 1 -
WP 9805/12
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.9805/2012
Ramdas Murlidas Ramavat.
...Petitioner..
Versus
The State of Maharashtra & others.
...Respondents...
.....
Shri P.S. Agrawal, Advocate for petitioner.
Shri Y.G. Gujarathi, AGP for respondent nos.1 to 3.
.....
CORAM: R.D. DHANUKA &
SUNIL K. KOTWAL, JJ.
DATE: 09.10.2017
ORDER :
1]Heard learned counsel appearing for the parties.
2]By this petition, the petitioner seeks writ of
mandamus against the respondents to acquire the land
described in prayer clause [C] of the petition.
3]By an order dated 22.9.2008 passed by the learned
Civil Judge, Senior Division, Hingoli, Special Civil Suit
No.31/2006 filed by the petitioner has been partly
decreed. By the said decree, the defendants therein, who
are respondents in this petition, are directed to
WP 9805/12
handover vacant possession of 10 R portion of the land
out of Gut No.82/1 to the petitioner herein or to
initiate acquisition proceedings thereof under the Land
Acquisition Act within three months from the date of the
said order. It is not in dispute that the defendants to
the said suit have not impugned and challenged the said
decree.
4]The petitioner has already filed an application for
execution of the said order dated 22.9.2008. We are thus
not inclined to grant any further direction to acquire
the land which relief is already granted by the learned
Civil Judge, Senior Division, Hingoli.
5]The execution application filed by the petitioner in
the said Special Civil Suit No.31/2006 is expedited. The
learned executing Court shall dispose of the said
application for execution within six months from today.
6]The writ petition is disposed of in aforesaid terms.
No order as to costs.
ndk/ c910178.doc
2 issues framed by the court
Whether to grant directions for land acquisition when the matter is already in execution of a decree.
Whether to expedite the execution of the existing decree.
Ramdas Murlidas Ramavat
The State of Maharashtra
R.D. DHANUKA
SUNIL K. KOTWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court