Laxman Baburao Kale And ORS v. The Collector, Pune And ORS

1/1 wp-8304.17 pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE WRIT PETITION NO.8304 OF 2017 Laxman Baburao Kale and Ors.

... Petitioners V/s.

The Collector, Pune and Ors.

... Respondents Mr. Kuldeep U. Nikam for the Petitioners.

Mr. N.C. Walimbe, AGP for the Respondent Nos.1 to 3. Digitally signed by Pallavi Mahendra Wargaonkar Date:

2018.09.10 13:08:36 +0530 Pallavi Mahendra Wargaonkar CORAM :

A.S.OKA AND M.S. SONAK, JJ.

DATE :

7th SEPTEMBER 2018.

P.C. :

The grievance in this petition under Article 226 of the Constitution of India is that the application made by the petitioners for regularisation of their alleged possession over the disputed land is pending with the District Collector and the same is not being disposed of. However, our attention is invited to the copy of the plaint in the Regular Civil Suit No.29 of 2015 filed by the petitioners in which a substantive relief is sought for passing a decree directing the Collector and the State to regularise the possession of the petitioners. It is also pointed out that in the suit there is an interim order passed by the Civil Court. In view of the pendency of the suit containing the aforesaid prayer, we decline to entertain this petition under Article 226 of the Constitution of India. Accordingly, the petition is disposed of. (M.S. SONAK, J.) (A.S.OKA, J.) 1/1