Swapnil Chandrakank Karankale v. The State Of Maharashtra Through Secretary And Others

2024:BHC-AUG:5429-DB 2283.24wp (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 21 WRIT PETITION NO. 2283 OF 2024 SWAPNIL CHANDRAKANK KARANKALE

VERSUS

THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS ....

Mr A. R. Syed, Advocate for Petitioner;

Mr S. K. Tambe, A.G.P. for Respondent Nos.1 to 3 Mr N. E. Deshmukh, Advocate for Respondent No.4 CORAM : RAVINDRA V. GHUGE AND R. M. JOSHI, JJ.

DATE : 11th March, 2024 PER COURT:

1.

Respondent No.6, a private individual, is erecting a structure over the purported property No.963 of Village Velode, Tq. Chopda, Dist. Jalgaon. A public toilet constructed by the Village Panchayat over the property, is dismantled. 2.

The Petitioner claims that, he is a resident of an ancestral Property No.500, which is adjacent to Property No.963. His purported rights are affected. He desires that the construction erected by Respondent No.6, a private individual, should be demolished. A complaint has already been lodged against him by

2283.24wp (2) the Petitioner under Section 155 of the Code of Criminal Procedure.

3.

We need not opine as regard the desire of the Petitioner to approach the Statutory Authorities against Respondent No.6. However, this Court would not deal with a matter, which is primarily a civil dispute between two private individuals. If the Petitioner desires any form of injunction or orders against Respondent no.6, claiming that his civil rights are impinged, he is at liberty to approach the appropriate Civil Court. 4.

With the above observations, this Writ Petition is disposed off.

(R. M. JOSHI, J.) (RAVINDRA V. GHUGE, J.) sjk Signed by: Sachin J Kulkarni Designation: PA To Honourable Judge Date: 13/03/2024 18:43:21