Harihar Mahadev Nene v. Barshi Municipal Council Thr The Chief Officer And ANR

26.4888.22-wp.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by BASAVRAJ GURAPPA PATIL Date:

2022.04.25 12:39:56 +0530 CIVIL APPELLATE JURISDICTION BASAVRAJ GURAPPA PATIL WRIT PETITION NO.4888 OF 2022 Harihar Mahadev Nene ..... Petitioner Vs.

Barshi Municipal Council & Anr.

..... Respondents Mr. Samir A. Kumbhakoni for the Petitioner Mrs. M. S. Bane, AGP for the State

CORAM:

S.V. GANGAPURWALA & M. G. SEWLIKAR, JJ.

DATED :

APRIL 22, 2022 P.C.

We have heard the learned Counsel for the Petitioner. Upon hearing the learned Counsel for the Petitioner it transpires that the dispute is between the private parties of a private property. The Petitioner will have to prove his rights affected because of the construction of the adjacent owner. This Court, in writ jurisdiction, cannot embark upon the investigation of the facts.

In the light of that, we are not inclined to entertain the Writ Petition.

Basavraj G Patil 1/2

26.4888.22-wp.docx The Writ Petition is disposed of. No costs.

The Petitioner may avail the remedy as may be permissible before the appropriate forum. In that event all contentions are kept open.

(M. G. SEWLIKAR, J.) (S.V. GANGAPURWALA, J.) Basavraj G Patil 2/2