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Bombay High CourtWP/1574/2024disposed off

Vinod Prabhudayal Agrawal And ORS v. The District Collector And ORS

2024-02-05Hon'Ble Shri Justice Nitin Jamdar,Hon'Ble Shri Justice M. M. Sathaye2 pages

TRUPTI SADANAND BAMNE TRUPTI SADANAND BAMNE Date: 2024.02.08 17:31:28 +0530 Trupti 1 12-wp-1574-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1574 OF 2024 Mr.Vinod Prabhudayal Agrawal and Others ...

Petitioners versus The District Collector, District- Nashik and Others ...

Respondents ......

Mr.Dhanraj Lodha with Mr.Ashish Verma for the Petitioners. Mr.M.M.Pabale, AGP for the Respondent -State. ......

CORAM :

NITIN JAMDAR, AND M.M. SATHAYE, JJ.

DATE :

05 February 2024.

P.C. :

The Petitioners pray that pending the final decision in the Special Civil Suit as well as the Appeal pending before the State under the Maharashtra Land Revenue Code, 1966, Respondent Nos. 7 and 8 be restrained from withdrawing the amount in this proceeding or any other independent proceeding. Respondent Nos. 7 and 8 have already filed a Special Civil Suit against the Petitioners. 2.

The Petitioners can seek order of injunction in civil proceeding against Respondent Nos. 7 and 8 from withdrawing the amount. If the amount is not already withdrawn as of today, then the State will

Trupti 2 12-wp-1574-2024.doc defer releasing of the amount for a period of four weeks so that the Petitioners can take necessary steps accordingly against Respondent Nos. 7 and 8. However, since Respondent Nos. 7 and 8 are not before us, we make it clear that this order does not mean that we have commented on the rights of the Petitioners qua Respondent Nos. 7 and 8 and all the proceedings will be decided on their own merits.

3.

Writ petition is accordingly disposed of.

(M.M. SATHAYE, J.) (NITIN JAMDAR, J.)