Petitioner challenged wrongful attachment of property on behalf of third party. Respondent admitted mistake and confirmed unilateral removal of seal, leading to disposal of petition without costs.
Petition disposed of as grievance redressed; no order as to costs. Direction deemed unnecessary.
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.
6.wp.1005.2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.1005 OF 2024
Satyanarayan Rajesham Bhandari .. Petitioner
Versus
The State of Maharashtra & Ors. .. Respondents
Digitally signed by UTKARSH UTKARSH KAKASAHEB KAKASAHEB BHALERAO BHALERAO Date: 2024.03.08 16:45:15 +0530
Mr.Sumit Kothari a/w Gautam Jain, Advocates for the Petitioner.
Mr.A.I. Patel, Addl. G.P. a/w M.S.Bane, AGP for State/Respondent.
CORAM: B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ. DATE : MARCH 07, 2024
P. C.
1. The above Writ Petition is filed seeking a direction to the Tahsildar, Bhiwandi to raise the attachment levied on Room No.313, Ward No.4, Bhandari Compound, Near Shankar Mandir, Narpoli Bhiwandi, District Thane.
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6.wp.1005.2024.doc
2. According to the Petitioner, the attachment of this room is done by the Tahsildar to execute a recovery certificate. However, the said recovery certificate is not against the Petitioner but against some other person.
3. In the above Writ Petition, Respondent Nos.1 to 3 have filed their affidavit-in-reply dated 5th March, 2024. In the reply, the State has accepted that they have wrongly attached Room Nos.312 and 313 and they have even taken corrective steps to unseal the aforesaid two premises. For the sake of convenience paragraph 7 of the said affidavit is reproduced hereunder:-
4. In light of the affidavit filed by the State, and which is dated 5th March 2024, we find that the grievance made in the above Petition is
Utkarsh
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now redressed. The Writ Petition is therefore disposed of. However, there shall be no order as to costs.
5. This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.
[SOMASEKHAR SUNDARESAN,J.] [B. P. COLABAWALLA, J.]
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2 issues framed by the court
Whether the direction to remove attachment levied on premises where recovery certificate was against third party is maintainable when the attachment was wrongly levied.
Whether grievance regarding erroneous attachment has been redressed upon respondent accepting mistake and removing seal.
1 provisions across 1 enactments
Satyanarayan Rajesham Bhandari
The State of Maharashtra
B. P. Colabawalla
Somasekhar Sundaresan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
