Nanda Bapu Bhimre And ORS v. The Competent Authority And Sub Divisional Officer, Vasai And ORS

N. D.

Jagtap by N. D. Jagtap Date: 2021.01.23 20:43:49 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.166 OF 2021 Nanda Bapu Bhimre & Ors.

... Petitioners Vs.

The Competent Authority & Sub-Divisional Ofcere Vasai & Ors.

... Respondents ----- Mr. Anil D'souza for the Petitioners.

Ms.M.P. Thakure AGP for the State.

Mr. Kishor Patil a/w Mr. Sameer Mhatre for Respondent Nos. 2 to 5 and 13.

----- CORAM : S.J. KATHAWALLA & VINAY JOSHI, JJ.

DATE : 20TH JANUARY, 2021 P.C. :

1.

By the above Writ Petitione the Petitioners have prayed for the following reliefs :

"(a) That this Court be pleased to issue a Writ of Certiorari or any other appropriate Write Order or direction in the nature of a Writ of Certiorari and to quash and set aside the order dated 7th Octobere 2020 (Exhibit-D hereto) passed by the Respondent No. 1.

(b) This Court be pleased to issue Writ of Mandamus or any other appropriate Writ or direction and / or order in the nature of Writ

directing Respondent No. 1 to refer the matter (objection / dispute) in respect of apportionment of claim of compensation amount of Survey No. 196e Hissa No. 1e admeasuring 0-70-0 situated at Village Gokhivaree Taluka Vasaie District Palghar to the Principle Civil Court of Original Jurisdiction (i.e. Civil Judgee Senior Divisione Vasai) as contemplated under Section 20-H (4) of the Railways Acte 1989 and to deposit the entire compensation amount of the said land in the said Court."

2.

Heard the learned Advocates for the parties.

3.

Admittedlye the Petitioners have already fled a Suit being RCS No. 124 of 2019 before the Court of Civil Judgee Senior Divisione Vasai for a declaration that the Petitioners herein have an aggregate 3/20 share in the suit property (which is described in Paragraph 1 of the Suit) and the same be divided into metes and bounds and for partition and / or separate possession and also for injunction restraining the Respondents therein from creating any third party rights in respect of the suit property.

4.

In view of the Suite which is pending before the Civil Judgee Senior Divisione Vasaie following order is passed :- i.

The Respondent No.1 shall not disburse the compensation awarded in the matter for a

period of four weeks to the extent of 3/20 share of the Petitioners.

ii.

The Petitioners shall move the Court of Civil Judgee Senior Divisione Vasai with an application seeking ad-interim / interim reliefs with regard to the disbursement of the compensation claimed by the Petitioners in respect of the propertye which is the subject matter of the present Writ Petition.

iii.

In the event of such an application being fled before the Court of Civil Judgee Senior Divisione Vasai within a period of one week from todaye the same shall be disposed of by the learned Civil Judge within a period of two weeks thereafter.

iv.

All contentions of the parties are kept open. v.

Writ Petition is accordingly disposed of.

(VINAY JOSHI, J.) (S.J. KATHAWALLA, J.)