Petitioners alleging disturbance of long-standing possession of land by Village Panchayat withdrew the writ petition since they had filed a civil suit for permanent injunction. Petition disposed of as withdrawn with a request for expeditious disposal of the suit.
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 WP-4603-2024.odt
2024:BHC-NAG:8646-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR
Writ Petition No.4603 of 2024
[Shivaji Baliram Tomake and others VERSUS The District Collector, Yavatmal
and others]
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's order
Registrar's orders.
Shri V.N. Patre, Counsel for Petitioners.
Shri H.R. Dhumale, Assistant Government Pleader for
Respondent Nos.1 to 3.
CORAM : NITIN W. SAMBRE AND ABHAY J. MANTRI, JJ. DATE : 7nd AUGUST, 2024
1.The petitioners are claiming to be the occupants of the land bearing
City Survey No.12/3 at Village Chalgani, Tahsil Umarkhed, District
Yavatmal. The said land is claimed to be owned by Namdeo Vitthal
Kadam and Prakash Vitthal Kadam. It is the case of the petitioners that
their long-standing possession is sought to be disturbed by the
respondent-Village Panchayat by acting contrary to the provision of
Section 50(1) of the Maharashtra Village Panchayats Act, 1959, though
the respondent Nos.4 and 5 are not the owners or the occupiers of the said
land.
2.Since the petitioners have already approached the Court of Civil
Judge, Junior Division, Umarkhed, District Yavatmal in Regular Civil Suit
No.81 of 2024 with a prayer for grant of permanent injunction, we deem
it appropriate to dispose of the petition as withdrawn, as prayed for by
Shri V.N. Patre, learned counsel for the petitioners.
3. The petition is disposed of as withdrawn.
2 WP-4603-2024.odt
4.We request the Court of Civil Judge, Junior Division, Umarkhed,
District Yavatmal to dispose of the aforesaid suit for grant of permanent
injunction expeditiously in accordance with law without being influenced
by the withdrawal of the petition.
(ABHAY J. MANTRI, J.) (NITIN W. SAMBRE, J.)
LANJEWAR
Shivaji Baliram Tomake and others
The District Collector, Yavatmal
Respondent Nos.2 and 3
Respondent Nos.4 and 5
NITIN W. SAMBRE
ABHAY J. MANTRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court