Shivputra Balisha Kokane v. Deputy Engineer, Panchayat Samiti, Miraj And ORS.

910-WP12574-15.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12574 OF 2015 Shivputra Balisha Kokane

...Petitioner

Versus

Deputy Engineer, Panchayat Samiti, Miraj & Ors. ...Respondents Mr. Sandip Dilip Shinde, for the Petitioner.

Mr. V.S. Gokhale, AGP, for the Respondents.

CORAM: A. S. OKA & G.S. PATEL, JJ.

DATED:

17th December 2015 PC:- 1.

Heard learned counsel appearing for the Petitioner. Communication dated 11th October 2015 does not record that the Petitioner will be dispossessed. It merely states that the road is in existence for 20 years which is numbered as Village Road No. 272. In view of what is stated in the said communication, the Petitioner will have to establish his right in respect of the land covered by the alleged road. Therefore, the dispute can be more effectively resolved by the Civil Court.

2.

We, accordingly, decline to entertain the Petition. The Petition is disposed of. It will be open for the Petitioner to adopt appropriate proceedings in accordance with law. (G. S. PATEL, J.) (A. S. OKA, J.)