Ramesh Bhimrao Shinde And ANR v. The State Of Maharashtra And ORS

25-wp-14926-2023.doc SA Pathan

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.14926 OF 2023 Ramesh Bhimrao Shinde & Anr ... Petitioners V/s.

The State of Maharashtra & Ors ... Respondents SHABNOOR AYUB PATHAN SHABNOOR AYUB PATHAN Date: 2023.12.05 17:42:34 +0530 Mr. Purushottam G. Chavan, for Petitioners.

CORAM

: AMIT BORKAR, J.

DATED : DECEMBER 5, 2023 P.C.:

1.

The plaintiffs in a suit restraining defendants from withdrawing land acquisition compensation filed an application seeking temporary injunction against the defendants restraining them from claiming compensation amount.

2.

Both the Courts below have recorded a finding that the acquisition was in the year 1995. The petitioners sold acquired property to the defendants in the year 2012 which contains a cause that the rights of petitioner over the said property are extinguished and actual possession of the property is delivered to the defendants. Relying on the said recital, the Courts below recorded a finding that the petitioners have no prima facie case to claim injunction against the defendants from withdrawing compensation amount.

25-wp-14926-2023.doc 3.

In view of sale deed executed by the petitioner, the petitioners have not enforceable right to claim relief. Hence, no interference is called for.

4.

The writ petition is dismissed. No costs.

(AMIT BORKAR, J.)