Petitioner withdrew a writ petition regarding unpaid compensation for land allegedly used for a D.P. Road. The court permitted withdrawal with liberty to approach the proper forum.
Withdrawal of writ petition permitted with liberty to approach the proper forum.
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WP 9827-2015
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 9827 OF 2015
Shri Mukund Donduji Khairnar .. Petitioner V/s
State of Maharashtra & Ors.
Mr. Prakash Ahuja i/b Mr. Anil Ahuja for the petitioner. Mr. V.N. Sagare, AGP for the State.
Ms. Sayali Bhaidkar i/b Mr. M.L. Patil for respondent nos.3 and 4.
CORAM: DR. MANJULA CHELLUR, CJ. & M.S. SONAK, J.
DATE : 30th OCTOBER 2017
P.C.:
After hearing the learned counsel for the petitioner for a while and especially after perusal of the reply affidavit filed on behalf of the Corporation and particularly paragraph 10 onwards, we are of the opinion that there is a serious dispute with regard to existence of a fact, i.e. possession of land of the petitioner being with the respondent Corporation which is used as a D.P. Road.
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WP 9827-2015
affidavit saying they are not at all in possession of land in Survey No.8/2 and no portion of this Survey No.8/2 is being used for formation of D.P. Road. Under these circumstances, probably the relief to be sought by the petitioner lies somewhere else and not in this Court.
(M.S. SONAK, J.) CHIEF JUSTICE
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Shri Mukund Donduji Khairnar
State of Maharashtra
Dr. Manjula Chellur
M.S. Sonak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
