Shri Salimuddin Bafati Salmani vs State Of ...
2017 Latest Caselaw 5156 Bom

                                                                                                   wp.1018.02

                                                        1



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          NAGPUR BENCH, NAGPUR.

                              WRIT PETITION NO. 1018/2002 

*        Shri  Salimuddin s/o Bafati  Salmani 
         Aged about  52 years, o ccu: Service 
         R/o W.C.L.  Bajaj Colony,  Qr.No. 2/3 
         Saoner, Tah. Saoner,  Dist. Nagpur.                                            ..PETITIONER

                        VERSUS

1)       State of Maharashtra
         Through Collector, Nagpur 
         Collectorate,  Civil Lines, Nagpur. 

2)       The Commissioner, Nagpur Division 
         Civil Lines, Nagpur. 

3)       The Chief General Manager, 
         Western Coalfields Ltd. 
         Civil Lines, Nagpur. 

4)       The Special Land  Acquisition Officer
         and Deputy  Collector
         Nagpur, Pench Project No.1 
         Tahsil Office, Civil Lines, Nagpur.                                     ..RESPONDENTS
                                                                                              . 

...................................................................................................................
                            Mr. R.A. Haq,  Adv. for the  petitioner
    Mr. N.S. Rao,  Asst. Government Pleader for respondent nos.1,2 & 4
                  Mr. S.C.Mehadia,  Advocate for  respondents-WCL
----------------------------------------------------------------------------------------------------

                                                 CORAM :  R.K. DESHPANDE &
                                                                  MRS.SWAPNA JOSHI, JJ.

                                                 DATED :    27       th
                                                                        July, 2017
                                                                                  

ORAL JUDGMENT: (Per R.K.DESHPANDE, J.)

wp.1018.02

The petition claims the reliefs as under :-

"i) Pass appropriate writ, direction and order directing the respondent nos.1 and 2 to correct the concern revenue record of the field bearing S. No. 101/5 (old S. No. 75/10, 77/9) of Mouza Waghoda, Tah.Saoner, Dist. Nagpur, P.H. No.33, Area 0.11 H.R. Of the petitioner which is wrongly mutated in the name of W.C.L. Saoner and the same be shown in the name of the petitioner.

ii) Direct the respondents not to interfere with the possession of the field property of the petitioner bearing S.No. 101/5 (old No. 75/10, 77/9) of Mouza Waghoda, Tah.Saoner, Dist. Nagpur P.H. No.33, Area 0.11 H.R.

Iii) Grant any other relief to the petitioner deemed necessary by this Hon'ble Court in the circumstances of the case."

2. There is a dispute as to the title of the petitioner over the

land in question, the acquisition of the land by the State Government for

Western Coalfields Limited, the measurement of the land and the

possession. All these are the disputed questions of fact which cannot be

gone into in writ jurisdiction under Article 226 of the Constitution of

wp.1018.02

India. If the petitioner is the owner of the property, it is for him to move

the authorities under the provisions of the Maharashtra Land Revenue

Code for grant of appropriate relief which also contained the provisions

of appeal and revision. Apart from this, the petitioner has remedy of

filing civil suit to get such a controversy resolved.

3. We do not find any reason to grant relief to the petitioner in

this petition. The Writ Petition is dismissed with liberty to the petitioner

to approach all such authorities and forum, as is permissible in law.

                         JUDGE                           JUDGE

sahare