Shri Rajesh Chhaganlal Patwa v. the State of Maharashtra and Ors.
Case brief
What is this about?
In pending writ petitions against demolition of buildings, the High Court declined to entertain factual grievances. The Court vacated interim orders while leaving all contentions open due to pending related proceedings.
What the court decided
vikrant 1/3 905-WP-5755-2015.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 5755 OF 2015 WITH WRIT PETITION NO. 5756 OF 2015 WITH WRIT PETITION NO. 5757 OF 2015 WITH WRIT PETITION NO. 5758 OF 2015 WITH WRIT PETITION NO. 5759 OF 2015 WITH WRIT PETITION NO. 5760 OF 2015 WITH WRIT PETITION NO. 5761 OF 2015
Shri. Rajesh Chhaganlal Patwa … Petitioner Vs. The State of Maharashtra and Ors. … Respondents ......
Mr. Rajesh Singh for the Petitioner. Mr. B. V. Samant, AGP for Respondent-State.
CORAM : S. C. DHARMADHIKARI & SMT. BHARATI H. DANGRE, JJ. DATE : JANUARY 18, 2018.
P.C. :
- In all these Petitions, the petitioner was seeking a direction to the respondents not to demolish and/or damage the buildings constructed on the properties more particularly described in the Petitions, pending a process called as regularization of the construction carried out at site.
vikrant 2/3 905-WP-5755-2015.odt
- On the earlier occasion, the Petitioner and his Advocate Mr. Singh were absent. Hence, the Petitions were listed for dismissal.
Issues for consideration
2 issues framed by the court
Whether a writ petition seeking interim stay against demolition of structures pending regularization should be entertained amidst factual disputes and concurrent proceedings.
Whether it is safe to adjudicate purely factual disputes arising from orders under the Maharashtra Land Revenue Code pending before appellate forums.
Parties & counsel
- petitioner
Shri. Rajesh Chhaganlal Patwa
- respondent
The State of Maharashtra
Coram
S. C. DHARMADHIKARI
Case details
As recorded by the court registry
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