Disposed

Suresh Narayan Bhatule Alias Suresh Narayan Bhatuse v. Yamuna Shivaji Jadhav and Ors.

Bombay HC3 Apr 2024IA/6958/2024

Case brief

AI extract

What is this about?

In an interim application seeking leave to take physical possession of allotted land, the High Court noted the underlying writ petition is on final hearing board and refused the interim prayers, directing the office to add the petition to the weekly final hearing board.

What did the court decide?

The interim application was disposed of; no leave for possession was granted; the main petition added to the final hearing board.

Suresh Narayan Bhatule Alias Suresh Narayan Bhatuse Vs… — Property and Title | Bombay HC (2024)

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VARSHA VIJAY RAJGURU Digitally signed by VARSHA VIJAY RAJGURU Date: 2024.04.05 19:13:12 +0530

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8-ia-6958-2024.doc

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varsha

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 6958 OF 2024 IN

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WRIT PETITION NO. 2884 OF 2003

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Suresh Narayan Bhatule @ Suresh Narayn … Applicant Bhatuse IN THE MATTER OF Smt. Yamuna Shivaji Jadhav and Ors … Petitioners

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vs.

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The District Resettlement Officer/District … Respondents Collector, Satara and Ors

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Mr. Saiprasad Dudhane and Mr. Prathamesh Mondal, for Applicant for Respondent No.6 in WP/2884/03. Ms. Leena Patil, for Orig. Petitioners. Mr. B.B. Dahiphale, AGP for the State.

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CORAM : GAURI GODSE, J. DATED : 3^rd APRIL, 2024

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P.C. :-

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This interim application is seeking leave for taking physical possession of the land which is allotted. Learned counsel for the applicant relies upon the order dated 15^th December 2011, passed in

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the present petition in support of the said prayer. Perusal of order dated 15^th December 2011, indicates that the order of status quo

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Page no. 1 of 2

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8-ia-6958-2024.doc

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granted in the Civil Application No. 3131 of 2010 was modified to an extent that the process of allotment of land in question to the Project Affected Persons can go on but possession thereof shall not be handed over without leave of the Court.

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Learned counsel for the applicant is unable to point out the order passed after the aforesaid order dated 15^th December 2011. Learned counsel for the original petitioners submits that the petition was already on final hearing board. Hence, considering the dispute involved in the petition, instead of hearing the Interim Application, the petition may be heard finally.

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In view of the nature of dispute, the prayers made in the application cannot be granted at this stage. Since, the petition was already on final hearing board. Office is directed to add this petition the weekly final hearing board in the week commencing from 22^nd April 2024.

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Interim Application stands disposed of in the above terms.

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(GAURI GODSE, J.)

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Page no. 2 of 2

Suresh Narayan Bhatule Alias Suresh Narayan Bhatuse v. Yamuna Shivaji Jadhav and Ors.

Case brief

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Suresh Narayan Bhatule Alias Suresh Narayan Bhatuse v. Yamuna Shivaji Jadhav and Ors.

Case brief

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