Nitin Madhusudan Raut v. Sharayu Madhusudan Raut
28-IA-1068-2024.docx rrpillai
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1068 OF 2024 IN WRIT PETITION NO. 6881 of 2023 Nitin Madhusudan Raut ...
Applicant Vs.
Sharayu Madhusudan Raut ...
Respondent Mr. Nitin M. Raut - in person.
Mr. Jayesh Gawde for Respondent Nos. 14 and 16. Mr. Atul Damle a/w. Ms. Disha Shetty for Respondent No. 8. Mr. Karan Bhosale a/w. Mr. Pradnyat Chabukswar i/b. Mr. Pradnyat Chabukswar for Respondent No. 12.
Mr. S. L. Babar, AGP for the State.
CORAM : GAURI GODSE, J.
DATE :
5th FEBRUARY 2024 P.C.
1.
This application is filed by party in person. In the application prayer is made challenging a notice dated 8th January 2024 issued by the Collector, Palghar. The main petition arises out of proceeding initiated under section 70(b) of The Maharashtra Tenancy and Digitally signed by RAJESHWARI RAMESH PILLAI Date:
2024.02.06 14:35:43 +0530 1/2 RAJESHWARI RAMESH PILLAI
28-IA-1068-2024.docx Agricultural Lands Act, 1948. The applicant submits that the notice impugned by way of an application concerns the same property which is subject matter of the petition, hence, the application should be entertained.
2.
Perusal of the record indicates that the notice impugned in the application is arising out of proceedings for permission of nonagricultural use of the property. Thus, it is not the subject matter of the order impugned in the petition. Perusal of the prayers indicates that the praecipe are misconceived. Hence, I am not inclined to entertain the application. However, the applicant is at liberty to take out appropriate proceedings with respect to the grievances made in the application.
3.
With the aforesaid observation, application stands dismissed. 4.
The applicant submits that he is not ready to argue the petition today, as by order dated 18th January 2024, the main petition is directed to be listed on 13th February 2024. List the writ petition on the assigned date.
[GAURI GODSE, J.]d 2/2