Shri. Vijaykumar Raghunath Joshi, Through Power Of Attorney Holder, Yashwant Janardhan Bhagat v. The State Of Maharashtra, Through Principal Secretary, Urban Development Dept And ORS

9-WP4445-13.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4445 OF 2013 Vijaykumar Raghunath Joshi through Power of Attorney Holder, Yashwant Janardhan Bhagat

...Petitioner

Versus

The State of Maharashtra through Principal Secretary, Urban Development Department & Ors

...Respondents

Mr SM Kamble, for the Petitioner.

Mr BV Samant, AGP, for Respondents Nos. 1 to 4. Mr Sudhir Prabhu, for Respondent No. 5.

Mr Bhushan Walimbe, for Respondent No. 6.

CORAM: S. C. DHARMADHIKARI & G.S. PATEL, JJ DATED:

4th June 2019 PC:- 1.

Heard Learned Advocate for the Petitioner.

2.

The remedy of the Petitioner and particularly to obtain measurement and demarcation of the plot allotted to him by the Arbitrator under the Town Planning Scheme, is to file a civil suit in the competent Court. All reliefs in the nature of demarcation after 4th June 2019

9-WP4445-13.DOC measurement can be obtained in such a suit. In the event a larger plot is sought to be divided, sub-divided or partitioned by metes and bounds, even that relief can be sought by appropriate declaration and decree. We do not think that such relief can be granted in this Writ Petition. The Writ Petition is misconceived and it is dismissed. 3.

The pending Civil Application, if any, is also dismissed. (G. S. PATEL, J) (S. C. DHARMADHIKARI, J) 4th June 2019