Namdeo Tukaram Kashmire And ORS v. The State Of Maharashtra And ORS

22-wp-3775-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3775 OF 2021 Namdeo Tukaram Kashmire & Ors.

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Petitioners

Versus

The State of Maharashtra & Ors.

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Respondents .........

Ms. Bhavana Khemani i/b. Mr. Anil Ahuja for the Petitioners. Ms. M.S. Bane, AGP for the State.

Ms. Chaitrali A. Deshmukh for Respondent Nos. 3 to 5. .........

CORAM : NITIN JAMDAR & SHARMILA U. DESHMUKH, JJ.

DATED : 6 SEPTEMBER 2022 P.C. :- By this petition, the Petitioners have sought a direction to Respondent Nos. 3 to 5 to submit a proposal of acquisition in respect of the lands of the Petitioners and place the required funds with Respondent Nos. 1 and 2-State Authorities.

2.

In the petition, more particularly, in the prayers, we find no particulars as to which are the lands of the Petitioners for which the prayer is sought. More particularly, since the Respondents have taken a stand that the Petitioners have long ceased to be owners of the properties, having sold Trupti 1 / 2

22-wp-3775-2021.odt it to a co-operative society, who has made further correspondence with the Respondent-planning authority.

3.

It is sought to be contended by the Petitioners that some part of the properties were retained by the Petitioners. There are no particulars placed before us. The Petitioners will have to specifically plead and demonstrate that even after selling the properties to a co-operative society, the Petitioners are the owners of a particular area with reference to a sketch details etc.

4.

Such a petition bereft of basic particulars should not have been filed. The writ petition is accordingly disposed of. 5.

If a fresh petition is to be filed by the Petitioners, all necessary particulars as above be pleaded.

( SHARMILA U. DESHMUKH, J.) ( NITIN JAMDAR, J.) Digitally signed by TRUPTI SADANAND BAMNE Date:

2022.09.12 17:58:53 +0530 TRUPTI SADANAND BAMNE Trupti 2 / 2