Shri. Keshav Joma Patil @ Joshi And ORS v. The State Of Maharashtra, Through Ministry Of Revenue And Forest And ORS

WP.6606.2015(35) mnm

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELATE JURISDICTION WRIT PETITION NO. 6606 OF 2015 Keshav Joma Patil @ Joshi & Ors.

...Petitioners

Vs.

The State of Maharashtra & Ors.

...Respondents

Mr. Nitin P. Dalvi for the Petitioners Mrs. M.P. Thakur AGP for the Respondent Nos. 1, 3 & 4 CORAM : A.S.OKA, & C.V. BHADANG, JJ.

DATE : JANUARY 05, 2016 P.C.:

1.

Even going by the averments made in this petition under the Article 226 of the Constitution of India, it is an admitted position that the petitioners have executed sale transactions in respect of the lands subject matter of this Petition in favour of the Second Respondent Company. The only substantive prayer made in this petition is for directing the respondents to delete the names of the respondent Nos. 1 and 2 from the 7x12 extracts and to make the title of the petitioners marketable. Another prayer is for the restoration of possession.

2.

The direction of the State Government dated 18th February, 2011 is in relation to the lands in respect of which acquisition proceedings have lapsed. As the petitioners have executed sale transactions, the remedy of the Petitioners is before the appropriate Civil Court.

WP.6606.2015(35) 3.

Hence, we decline to entertain this petition. The remedy of the petitioners is kept open. All the contentions on merits are kept open.

(C.V. BHADANG,J.) (A.S.OKA,J.)