Ramakant Digambrarrao Padamwar ... vs Gangadhar Dharma Bhoi And Others
2021 Latest Caselaw 14373 Bom

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       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   BENCH AT AURANGABAD

                  WRIT PETITION NO.2902 OF 2020
                              WITH
                CIVIL APPLICATION NO.4250 OF 2021
                         IN WP/2902/2020

           GANGADHAR DHAMA BHOI MANGILWAR
                         VERSUS
          THE STATE OF MAHARASHTRA AND OTHERS

                                   ...
          Advocate for the Petitioner : Shri Jadhav Kiran D.
             AGP for Respondents 1 to 3 : Shri P.S. Patil
      Advocate for the Applicants in CA/4250/21 : Shri Kuldeep S.
                  Patil h/f Shri Sameer S. Choudhari
                                   ...

                               CORAM : RAVINDRA V. GHUGE
                                             &
                                       S.G. MEHARE, JJ.

DATE :- 04th October, 2021

Per Court :-

1. The petitioner has put forth prayer clause B, which

reads as under :-

"B) By issuing writ of mandamus or any other writ, order or direction in like nature this Hon'ble High Court may kindly be directed to decide the pending proceedings/ representation of the petitioner dated 07.07.2017, 03.01.2018 and 08.10.2018 in accordance with law to hand over the possession of land to the petitioner according the judgment and order dated 31.05.2005 passed by Ld. Additional Collector Nanded."

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2. Having perused the representations set out in prayer

clause B, it is obvious that the petitioner desires that the orders of

the Additional District Collector be implemented. The said orders

have been subject matter of challenge before the learned

Maharashtra Revenue Tribunal and thereafter, the matter has

reached the learned Single Judge Bench in Writ Petition

No.6850/2014. The learned Single Judge has granted interim

relief in terms of prayer clause C thereby, staying the orders of

the Additional District Collector and the learned Tribunal. The

petitioner is a party to the said proceedings before the learned

Single Judge.

3. In view of the above, this Writ Petition is frivolous

and therefore, dismissed.

4. The pending Civil Application does not survive and

stands disposed off.

kps (S.G. MEHARE, J.) (RAVINDRA V. GHUGE, J.)