Dismissed

Aftab Ahmed Shaikh Akhlaq Ahmed Shaikh v. the Deputy Superintendent of Land Record and Others

Bombay HC23 Sept 2019WP/1098/2019

Case brief

AI extract

What is this about?

Petitioners challenged a land measurement notice, claiming forgery by the respondent and a pending civil suit. The Court held that with civil litiga5 tion pending, no orders were appropriate in the writ petition and disposed of the matter. The attached civil application was also disposed of.

What did the court decide?

No orders in the writ petition; no costs. Attached civil application also disposed of.

Aftab Ahmed Shaikh Akhlaq Ahmed Shaikh Vs the Deputy… — Land Acquisition | Bombay HC (2019)

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1 wp 1098.19

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO. 1098 OF 2019

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AFTAB AHMED SHAIKH AKHLAQ AHMED SHAIKH

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VERSUS

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THE DEPUTY SUPERINTENDENT OF LAND RECORD AND
OTHERS

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...

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Advocate for Petitioner : Mr. Shaikh Mobin H.
AGP for Respondents No. 1 & 2 : Mr. S. P. Tiwari
Advocate for Respondent No. 3 :

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Mr. S. S. Gangakhedkar

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...

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WITH

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CA/7324/2019 IN WP/1098/2019

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...

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CORAM:S. V. GANGAPURWALA &
ANIL S. KILOR, JJ.
DATE:23rd SEPTEMBER, 2019

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PER COURT:

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1. The petitioner challenges the notice dated

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21.01.2019 issued by the authority for measurement

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of the land.

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2.Mr. Shaikh, the learned counsel for the

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petitioner submits that the petitioner has filed

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the civil suit and the same is pending. The
averment is that one Surrayya Begum is the

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2 wp 1098.19

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original owner of the property. She has admitted
that she had executed the Power of Attorney in
favour of the petitioner and that she has received
the consideration amount, however respondent no. 3
had committed forgery and executed Sale Deed in
his own name. The same is illegal. The notice

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could not have been issued at the behest of
respondent no. 3. The top land revenue authority
is interested in the land of the petitioner.

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3.The petitioner has already filed the civil
suit before the civil Court. The petitioner can
agitate all the grounds in the pending civil suit
concerning the property and if his rights are
infringed.

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4.As the civil litigation between the parties

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is subjudiced before the civil Court it will not
be appropriate to pass any orders in the present
writ petition. The parties are at liberty to take
steps as may be permissible before the competent
civil Court or any other Court.

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3 wp 1098.19

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5. Writ Petition stands disposed of. No costs.

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6. In view of disposal of the writ petition, the civil application also stands disposed of.

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[ANIL S. KILOR, J.] [S. V. GANGAPURWALA, J.]

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marathe

Aftab Ahmed Shaikh Akhlaq Ahmed Shaikh v. the Deputy Superintendent of Land Record and Others

Case brief

What is this about?

What did the court decide?

Aftab Ahmed Shaikh Akhlaq Ahmed Shaikh v. the Deputy Superintendent of Land Record and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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