Mrs. Shubhangi Kiran Ramtirtha v. The Chief Officer, Kulgaon-Belavli Nagar Parishad

22-wp-172-17 pdp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 172 OF 2017 Mrs. Shubhangi Kiran Ramtirtha and anr.

.. Petitioners Vs.

The Chief Oficer, Kulgaon-Belavli Nagar Parishad and ors.

.. Respondents Mr. S. A. Sawant a/w Mr. Abhishek Deshmukh and Bhavna Singh for petitioners.

Mr. D. P. Adsule for respondent nos.1 and 2.

Mr. Vikas Mali, AGP for State.

CORAM: NARESH H. PATIL & M. S. KARNIK, JJ.

FEBRUARY 20, 2017.

P.C.

1.

Petitioners' grievance is that City Survey Office is not gathering courage to visit the plot/property allegedly owned and possessed by the petitioners for measurement purpose. At one stage, it appears that the petitioners requested for police help for the same. We have also seen the communication made by Senior Inspector, Badlapur (West) Police Station addressed to the petitioner no.2 dated 28/4/2015. Learned counsel

22-wp-172-17 for the petitioners submits that some third party interference is not ruled out, who would be making efforts to encroach upon the property owned and possessed by the petitioners.

2.

All these issues cannot be looked and inquired into at this stage in exercise of extra ordinary writ jurisdiction. The petitioners may resort to alternate remedy as permissible in law. In case the petitioners has any grievance regarding the inaction on the part of the City Survey Office, the petitioners are at liberty to approach the higher officer, if not already approached. In case any representation is pending, the same shall be attended to and necessary decision be taken by the concerned officer. 3.

We have not expressed any opinion in respect of the rights of the petitioners and claim of the petitioners that the alleged property is owned and possessed by the petitioners.

4, With the aforesaid observations, petition is disposed of. (M. S. KARNIK, J.) (NARESH H. PATIL,J.)