Qamrul Huda Hamidullah Khan And ANR v. Avani Ankush Gharat And ORS

rsk 1 57-WP-2749-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2749 OF 2022 Qamrul Huda Hamidullah Khan and Anr.

...Petitioners

Vs.

Avani Ankush Gharat and Ors.

...Respondents

------- Mrs. Yogita Deshmukh-Chitnis a/w. Ms. Rohini Pawar for the Petitioners.

Mr. V. S. Gokhale, 'B' Panel counsel for Respondent-State. -------

CORAM

:

NITIN JAMDAR & SHARMILA U. DESHMUKH, JJ.

DATED :

14 NOVEMBER 2022.

P. C. :

Heard learned counsel for the Petitioners.

2.

The Petitioners are seeking measurement of the property stated to be owned by the Petitioners, to be surveyed in respect of ownership, pursuant to charges paid. According to the Petitioner proceedings regarding measurement of the property are pending and by RAJESHWARI SUBODH KARVE Date:

2022.11.18 15:15:33 +0530 not being concluded. It appears that there is dispute raised by certain RAJESHWARI SUBODH KARVE parties, who are not respondents to this petition. Since the measurement aspect is already pending before the authorities, it is not

rsk 2 57-WP-2749-22.doc necessary for us to issue any specific direction. We are also not inclined to issue any time bound direction at this stage as we are not aware of the exact complications that may be involved as a survey have to be carried out carefully. Those who oppose are not before us. All we state is that the authorities will conclude the proceedings as early as possible after giving adequate opportunity to the concerned parties, subject to its urgent public duties.

3.

The writ petition is disposed of.

(SHARMILA U. DESHMUKH, J.) ( NITIN JAMDAR, J.)