Bombay High Court
Gat Gram Panchayat, Dhaparla ... vs Shri Vithal Mandir Deosthan, ... on 2 August, 2022
Bench: Avinash G. Gharote
(1) 29.wp.5666.2019
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO.5666 OF 2019
Gat Gram Panchayat, Dhaparla (Doye) through its (A) Sarpanch, Shri Patruji
Mahadeo Tajne and another
Vs.
Vithal Mandir Deosthan, through its Trustees (A) Ramdas s/o Mahadeo Mungale and
others
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Mr. N. N. Thengre, Advocate for petitioners.
Mr. V. N. Morande, Advocate for respondent nos.1 to 3.
CORAM : AVINASH G. GHAROTE, J.
DATE : 02/08/2022
1. In pursuance to the order dated 16.12.2021,
the Taluka Inspector of Land Records (T.I.L.R.) has
measured the lands in question and has submitted a
report to this Court.
2. The petition questions the order dated
16.3.2019, passed by the learned trial Court granting the
application at Exh.5 filed by the plaintiff, who are
respondent in this petition. The appeal carried by the
defendants before the Appellate Court in Misc. Civil
Appeal No.86 of 2019 came to be dismissed by judgment
dated 30.4.2019. Both the Courts below concurrently
hold that the defendants are not entitled to carry on any
construction on the land bearing Survey No.2
admeasuring 1.20 H.R. mouza Dhaparla(Doye). At the
instance of the petitioner (original defendant) this Court
(2) 29.wp.5666.2019
by the order dated 16.12.2021 had directed a joint
measurement of the land bearing Survey Nos.1 and 2 by
the T.I.L.R., which report has been submitted which also
supports the contention of the plaintiff that the
construction work is being carried out on the land
bearing Survey No.2, in view of which, there is no reason
for me, to interfere in the impugned order and judgment.
3. This is more so, when the claim of the
petitioner, for entitlement of land bearing Survey No.2, is
based upon a plea that the open land admeasuring 112 X
80 = 8960 sq. ft. was transferred in the year 2013-14 by
one Devidas Dattatraya Thakare, however, there is no
document of transfer as required by law.
4. I therefore, do not see any reason to
interfere with the concurrent findings rendered by the
Courts below. It would be appropriate for petitioner,
considering the nature of the controversy to get the suit
decided on merits. The petitioner, shall be entitled to
place the certified copy of the joint measurement report
as submitted by the T.I.L.R. before the learned trial Court
and so also its objections, which shall be duly considered
by the learned trial Court as per law.
5. The Writ Petition is disposed of.
JUDGE
Digitally signed byANANT R Sarkate
SARKATE
Signing Date:04.08.2022
18:15
