Gopal Pamnani v. State Of Maharashtra, Through Dept Of Industries And ORS

ash wp-8181.12 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8181 OF 2012 Office Notes, Office memorandum of Coram, appearances, Court's Court's or orders or directions & Judge's orders.

Registrar's orders.

Shri S.S. Pakale i/by Shri Avinash R. Belge for the Petitioner. Mrs. M.P. Thakur, AGP for the Respondent No.1. Shri Prashant P. Chavan along with Shri Navdeep Vora and Shri Meet Vora i/by M/s. Navdeep Vora & Associates for the Respondent Nos.2 to 6. Shri Vijay B. Dhingreja for Respondent No.8.

Shri Devendranath S. Joshi for Respondent No.9. Shri Amol Kumeria for the Intervenor.

- CORAM :

A.S. OKA & A.K.MENON, JJ DATED : 5TH FEBRUARY 2015 P.C.:

.

Heard learned counsel appearing for the Petitioner and the learned counsel representing the Respondents.

2.

There is a serious dispute as to the title of the plot in question. Even going by the case made out by the Petitioner that the lease was executed by the Maharashtra Industrial Development Corporation in

ash wp-8181.12 the name of a partnership firm, the entire Petition proceeds on the footing that the Petitioner is a Lessee on the plot in question and a factory constructed thereon. There is a serious dispute about the title claimed by the Petitioner. The name of the Petitioner does not appear in the records of the MIDC as an Allottee or the Lessee of the plot in question. The issue of title can be resolved only by a Competent Civil Court. Hence, we decline to entertain this Petition under Article 226 of the Constitution of India.

3.

Subject to what is observed above, we reject the Petition.

(A.K.MENON, J) (A.S.OKA, J)