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Bombay High CourtWP/7041/2017dismissed

Shri. Sudam Bistir Patil v. The State Of Maharashtra And ORS.

2017-06-29Hon'Ble Shri Justice M.S. Sonak,Hon'Ble Shri Justice Shantanu S. Kemkar2 pages

537-wp-7041-2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7041 OF 2017 Sudam Bistir Patil

...Petitioner

vs.

The State of Maharashtra and Others

...Respondents

Mr. S.R. Nargolkar a/w. Mr. Ketan Joshi and Mr. Lendl Coutinho i/b. M/s. ERGO Juris, for the Petitioner Mr. V.P. Malvankar, 'A' Panel Advocatte for the Respondent-State. CORAM : SHANTANU S. KEMKAR & M. S. SONAK, JJ.

DATE :

JUNE 29, 2017 P.C.:

.

Not on board. Upon mentioning taken on board. 2.

Feeling aggrieved by the show cause notice dated 6th January, 2017 (Exhibit "J"), the Petitioner has filed this Petition. 3.

According to the Petitioner, the inquiry which is sought to be initiated again is futile as the Petitioner has already been granted a Non Agricultural Permission, after due enquiry at the instance of the Collector and the S.D.O. had already given the finding in favour of the Petitioner.

Vishal Parekar 1/2

537-wp-7041-2017.doc 4.

Be that as it may, we find that the Petition is filed at the stage of show cause notice directing to the Petitioner to submit the documents in respect of his ownership rights. In the circumstances, we are of the view that no case for interference is made out at this stage. Moreover when, the Petitioner has remedies available under the Maharashtra Land Revenue Code to challenge the impugned notice.

5.

As a result, the Petition is failed and stand dismissed. (M. S. SONAK, J.) (SHANTANU S. KEMKAR, J.) Vishal Parekar 2/2