Smt. Rukhmini Ashok Marsaale And ANR. v. The State Of Maharashtra And ORS.

507-WP-10520-2017.DOC Jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10520 OF 2017 Smt. Rukhmini Ashok Marsaale & Anr.

... Petitioners

Versus

The State of Maharashtra & Ors.

... Respondents Mr. Prabhakar Pandey for the Petitioners.

Mr. Manish M. Pabale, AGP for Respondent Nos. 1, 4 & 6.

CORAM:

A.S. OKA AND RIYAZ I. CHAGLA, JJ.

DATED:

6TH MARCH 2018.

PC:- 1.

Not on board. Taken on board.

2.

Heard learned counsel appearing for the Petitioner. Perused the prayers made in this Petition. The only substantive prayer made in this Petition shows that several disputed questions of fact arise in this Petition, such as whether the structures of the Petitioner are in existence and / or whether structures have been demolished. Hence, we decline to entertain this Petition under Article 226 of the Constitution of India. However, a remedy of filing appropriate proceedings before Civil Court is open. 3.

Writ Petition is disposed of.

( RIYAZ I. CHAGLA J. ) ( A.S. OKA, J ) 1/1