Nitinishikshan Sanstha Jamb Bk ... vs Sitaram Shankarrao More And ...
2021 Latest Caselaw 2502 Bom

                                        1              36-WP.2427-21.odt

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                      36 WRIT PETITION NO.2427 OF 2021

      NITINIKETAN SHIKSHAN SANSTHA JAMB BK THROUGH ITS
                          SECRETARY
                           VERSUS
            SITARAM SHANKARRAO MORE AND OTHERS

                                      ...
                  Advocate for Petitioner : Mr. Gunale V. D.
              AGP for Respondent/s-State : Mr. K. B. Jadhavar.
          Advocate for Respondent Nos.2 & 4 : Mr. S. B. Pulkundwar.
                                      ...

                                CORAM :      V. K. JADHAV, J.

                                DATE :       08.02.2021

     PER COURT :-


     1.      Heard.

2. Leave to correct the title clause so far as the description

of respondent No.1 is concerned.

3. This Writ Petition pertains to the judgment and order

dated 04.11.2019 passed by the Divisional Commissioner,

Aurangabad in Appeal. The petitioner / Trust claims the

disputed property, however, respondent No.1 also claims the

said property as the property of the Public Library Jamb

(Budruk). Both the parties have placed various documents in

support of their rival contentions. The learned counsel for the

2 36-WP.2427-21.odt

petitioner submits that the disputed property was allotted to

the Trust by the Collector and the Sanad has been placed

before the Appellate Authority. The suit property is also

registered as a trust property and the entry to that effect has

been taken in Schedule-I of the trust. The learned counsel

submits that the Divisional Commissioner, Aurangabad has

recorded the findings contrary to the record.

4. In view of the above, issue notice to the respondents,

returnable on 22.03.2021.

5. The learned AGP waives the notice for respondent No.7

- State Authority. The learned counsel, Mr. S. B. Pulkundwar

waives notice for respondent Nos.2 and 4.

(V. K. JADHAV, J.)

...

vmk/-