Shri Ramkisan S/O Narayan ... vs State Of Maharashtra Through ...
2016 Latest Caselaw 6586 Bom

     wp5194.16.J.odt                                                                                                 1/3




               IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                                                             
                         NAGPUR BENCH, NAGPUR




                                                                               
                              WRIT PETITION NO.5194 OF 2016




                                                                              
               Shri Ramkisan s/o Narayan Wankhede
               Aged about 51 years,
               Occ: Tea Stall, thr. its Power of Attorney
               Holder Bandu s/o Ramkisan Wankhede,




                                                           
               Aged about 36 years, Occ: Business,
               R/o Mall Galli, Risod, Tq. Risod,
               District Washim.    ig                 ....... PETITIONER

                                               ...V E R S U S...
                                 
     1]        State of Maharashtra
               through Collector, Washim.

     2]        Tahsildar, Risod, Dist. Washim.
      


     3]       Chief Officer, Municipal Council
   



              Risod, Dist. Washim.                               ....... RESPONDENTS
     -------------------------------------------------------------------------------------------
              Shri V.K. Paliwal, Advocate for Petitioner.
              Shri D.P. Thakare, A.G.P. for Respondent Nos.1 & 2.





              Shri A.P. Tathod, Advocate for Respondent No.3.
     -------------------------------------------------------------------------------------------

                          CORAM:  R.K. DESHPANDE, J. 

st NOVEMBER, 2016.

                          DATE:      21





     ORAL JUDGMENT



     1]                   Rule,   made   returnable   forthwith.   Heard   finally   by

consent of the learned counsels appearing for the parties.

      wp5194.16.J.odt                                                                                                 2/3

     2]                   The petition can be disposed of by consent order as




                                                                                                             
     under:




                                                                               
                          i]         The   petitioner   claims   to   be   in   possession   of

1200 sq.ft. of land and it is not in dispute that

on the remaining portion of the land the

Municipal Council is carrying out the

igconstruction.

ii] The possession of the petitioner over 1200

sq.ft. of land shall not be disturbed pending the

decision of suit and the respondent

No.3-Municipal Council is permitted to carry

out construction on the remaining portion of

the land.

iii] The evidence is almost over and the matter is

to be heard finally by the trial Court.

Hence, the trial Court to decide the matter

within a period of 30 days from today, and the

parties to cooperate with the trial Court for

disposal of the matter.

           wp5194.16.J.odt                                                                                                 3/3

                               iv]        The   interim   arrangement   made   by   this   Court




                                                                                                                  

shall continue to operate till the decision of the

suit.

The writ petition stands disposed of.

JUDGE

NSN