Hanumant Nivrutti Yadav vs The District Magistrate And Collector , ...
2023 Latest Caselaw 13145 Bom

Bombay High Court

Hanumant Nivrutti Yadav vs The District Magistrate And Collector , ... on 20 December, 2023

Author: Madhav J. Jamdar

Bench: Madhav J. Jamdar

                                                                       20-WP-12669-2023.DOC
2023:BHC-AS:38905




                    Sonali

                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CIVIL APPELLATE JURISDICTION
                                    WRIT PETITION NO. 12669 OF 2023


                    Hanumant Nivrutti Yadav                          ...Petitioner
                         Versus
                    The District Magistrate and Collector, Solapur & ...Respondents
                    Ors.


                    Mr. S. S. Panchpor a/w. S. S. Natu, for the Petitioner.
                    Mrs. V. S. Nimbalkar, AGP, for the State.
                    Mr. Chinmay Patil i/b. DD Abhijit & Associates, for Respondent
                    Nos.4 and 5.


                                          CORAM         MADHAV J. JAMDAR, J.

                                          DATED:        20th DECEMBER 2023
                    PC:-

1. Heard Mr. Panchpor, learned Counsel appearing for the

Petitioner, Mrs. Nimbalkar, learned AGP appearing for the State

and Mr. Patil, learned Counsel appearing for Respondent Nos.4 and

2. The challenge in the present Writ Petition filed under Article

226 of the Constitution of India is to the legality and validity of the

20-WP-12669-2023.DOC

Order dated 3rd February 2023 passed by the Taluka Executive

Magistrate alias Tahsildar, Malshiras.

3. Mr. Panchpor, learned Counsel appearing for the Petitioner

raises several contentions including that the impugned Order is to

be passed by the District Magistrate.

4. However, the factual position on record shows that the said

proceedings are taken out for the execution of the Judgment and

Award dated 11th July 2013 passed in Dispute No.218 of 2012.

5. It is admitted position that the said Judgment and Award has

not been challenged. The Judgment and Award is of the year 2013

and not executed even after passage of more than 10 years.

6. Accordingly, no interference is warranted under Article 227

of the Constitution of India.

7. The Writ Petition is dismissed, however with no order as to costs.

(Madhav J. Jamdar, J.)

Signed by: Sonali Patil Designation: PA To Honourable Judge

Date: 22/12/2023 10:09:07