Writ petition challenging land measurement and demarcation, including twin orders dismissing a stay application and a revision before SLR. The court continued the stay for one week to enable the petitioners to approach the regular court and adjourned proceedings.
Stay on land measurement continued for one week from 24.04.2024
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.
P13.WPST.11227.2024.doc
HARSHADA H. SAWANT (P.A.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION (ST.) NO.11227 OF 2024
Mhadev Bajirav Javalkar and Ors. Versus
Gramsevak, Grampanchyat Mhatobachi Alandi and Ors.
.. Petitioners
.. Respondents
CORAM : MILIND N. JADHAV, J. DATE : APRIL 24, 2024
P.C.:
1. Mentioned. Not on Board. Taken on Board.
2. Heard Mr. Nikte, learned Advocate for Petitioners and Mr.
Mulla, learned AGP for Respondent – State.
3. Perused the praecipe dated 24.04.2024 and the Writ
Petition.
4. The present Writ Petition is filed on 15.04.2024. The issue pertains to measurement and demarcation of Petitioners’ land which is under challenge.
5. Mr. Nikte would point out that prior to the filing of the Writ
Petition, the proceedings were agitated before SLR wherein by order
dated 21.11.2023, the stay to carry out measurement was in
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P13.WPST.11227.2024.doc
operation. That stay Application was incidentally dismissed on 24.01.2024 and subsequent thereto second Revision was dismissed on 19.03.2024. A substantive challenge is maintained in the present Writ Petition to both the aforesaid twin orders.
6. In view of the fact that stay was operation when matter was being heard by the Competent Authority, the said stay shall be continued for one week from today to enable the Plaintiffs to move the Regular Court and obtain further orders.
7. Stand over to 08th May, 2024 .
H. H. SAWANT
[ MILIND N. JADHAV, J. ]
Digitally signed HARSHADAHANUMANT by HARSHADAHANUMANTSAWANT SAWANT Date: 2024.04.24 15:25:55 +0530
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1 issue framed by the court
Whether the stay on measurement of petitioners' land should continue pending recourse to the regular court?
Mhadev Bajirav Javalkar and Ors.
Gramsevak, Grampanchyat Mhatobachi Alandi
Milind N. Jadhav
As recorded by the court registry
8 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
