The High Court disposed of a writ petition challenging illegal construction permissions on writ land disputed in a pending civil suit, holding that the matter involves title clouds best suited for the civil court.
Petition disposed. No costs awarded.
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.
1 944-wp 11087-2021.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO. 11087 OF 2021
Rahibai Kisan Borade
and others
.. Petitioners
Versus
The State of Maharashtra and others
.. Respondents
Mr. A. G. Godhamgaonkar, Advocate for the Petitioners.
Mr. A. R. Kale, AGP for Respondent/State.
CORAM : S. V. GANGAPURWALA &
R. N. LADDHA, JJ.
DATED : 05th October, 2021.
PER COURT:-
.Mr. Godhamgaonkar, learned counsel for the petitioners submits
that the writ land is situated in Waluj CIDCO notified area. The
Grampanchayats and other authorities have no power to issue
certificates. The sale deed of small plots are executed with connivance
of the authorities. The same is not permissible. The directions are also
issued by the CIDCO to the Chief Executive Officer, Aurangabad to the
effect that the Grampanchayats are issuing construction permissions.
They do not have any authority in CIDCO notified area. In spite of the
same, without permission of CIDCO the constructions are being made.
The CIDCO is the planning authority. Subsequently, by notification the
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said property is attached with MIDC. Without permission of the
planning authority, the construction can not be carried out. The
collusion is writ large. Even the authorities have taken note of it. The
learned counsel submits that the civil suit pending between the parties
is inter se among family members and the purchasers therein. The
Government authorities and the local authorities are acting against the
legal provisions and the petition is basically filed to stop the said illegal
activities of the Government authorities. According to the learned
counsel, this Court in writ jurisdiction under Article 226 of the
Constitution of India can arrest illegal acts of the public authorities.
2.We have considered the submissions of learned counsel for the
petitioners.
3.It is not disputed that the writ land is subject matter of dispute
between the petitioners, their family members and subsequent
purchasers in a civil suit. The Civil Court is seized with the dispute. The
cloud over the title of the petitioners exist. The Civil Court would
decide the said proceedings. The petitioners in the present writ petition
also assails the sale deed executed in the name of respondent Nos. 19
to 21. They also challenged the sale deeds effectuated by respondent
Nos. 19 to 21 of small plots. The Civil Court is seized with the matter.
The petitioners would have opportunity to adduce evidence in
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the pending suit. It will not be appropriate for this Court to opine on
merits of the matter. The petitioners are at liberty to take appropriate
steps in the pending civil suit.
4. With these observations, writ petition is disposed of. No costs.
( R. N. LADDHA )( S. V. GANGAPURWALA )
JUDGE JUDGE
P.S.B.
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1 issue framed by the court
Whether the High Court can intervene via writ jurisdiction when a civil court is seized of a dispute regarding the title and sale deeds of the land.
1 provisions across 1 enactments
Rahibai Kisan Borade and others
The State of Maharashtra and others
S. V. GANGAPURWALA
R. N. LADDHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court