Pariwar Chs Ltd. Thr Its Secretary Thane v. The State Of Maharashtra Thr Assistance Government Pleader And ORS

rsk 1 5-WP-8686-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8686 OF 2022 Pariwar CHS Ltd. through its Secretary, Thane

...Petitioner

Vs.

The State of Maharashtra & Ors.

...Respondents

------- Mr. Somnath Thenga i/b Ms. Surbhi Radhavkar for Respondent Nos.5, 6 and 7.

Mr. A. R. Gole for Respondent Nos. 4 and 8.

Ms. K. N. Solunke, AGP for Respondent-State.

-------

CORAM

:

NITIN JAMDAR & SHARMILA U. DESHMUKH, JJ.

DATED :

16 SEPTEMBER 2022.

P. C. :

By this Writ Petition, the Petitioner is seeking a writ directing the Respondents to remove and delete the names of Respondent Nos.4 and 6 from the property records and carry out necessary entries. Without going into the merits of the rival contentions, we find that the Petitioner has an adequate remedy in respect of his challenge under the statute under which such entries have been made, if it is the case of the Petitioner that entries have been wrongfully made. If the issue of title is involved the Petitioner can get

rsk 2 5-WP-8686-22.doc the requisite decision from competent Court of law. Exercise of writ jurisdiction, either certiorari or mandamus is not warranted. 2.

The writ petition is accordingly disposed of. (SHARMILA U. DESHMUKH, J.) ( NITIN JAMDAR, J.)