Mr. Amol Navnath Rokde And ANR v. The State Of Maharashtra, Through Principal Secretary, Urban Development And ORS

skn 1/2 4547.14-wp.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4547 OF 2014 Mr.Amol Navnath Rokde and another.

...

Petitioners.

V/s.

The State of Maharashtra and others.

...

Respondents.

S.V.Gutte for the petitioners.

P.G.Sawant, AGP for respondent Nos.1 and 3 to 8. S.S.Aradhye for respondent No.2.

CORAM :

NARESH H. PATIL AND S.B. SHUKRE, JJ.

DATED :

8th June 2015.

P.C.

It is submitted that the petitioners have already filed civil suit being RCS No.126/2013 before Civil Judge, Junior Division, Karmala. It is further submitted that by an order dated 25th June 2013, the Civil Judge allowed application at Exh.5 restraining defendant No.1 therein from obstructing the possession of the petitioners/ plaintiffs over the suit property till the disposal of the suit.

2.

Learned counsel for the petitioners contends that an appeal has been preferred against the notice issued by the Municipal Council under section 189(8) of the Maharashtra Municipal Councils Nagar

skn 2/2 4547.14-wp.sxw Panchayat Industrial Township Act, 1965 and the same is pending before the State Government. In the facts of the case, we are not inclined to issue any directions to the State Government. The petitioners may resort to appropriate remedy as may be available in law. With this observation, petition is disposed of.

(S.B. SHUKRE, J.) (NARESH H. PATIL, J.) Sanjay Nanoskar, P.S..