Narhari Tukaram Ghar And Another v. The State Of Maharashtra Through Its Secretary And Others

2024:BHC-AUG:2455-DB 907wp1356-24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 907 WRIT PETITION NO. 1356 OF 2024 NARHARI TUKARAM GHAR AND ANOTHER

VERSUS

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

Mr. Mahesh P. Kale, Advocate for the Petitioner Mr. P. K. Lakhotiya, AGP for the Respondents State

CORAM

: RAVINDRA V. GHUGE & Y. G. KHOBRAGADE, JJ.

DATE : 2nd February, 2024 ORDER:

1.

The learned Advocate for the Petitioners plainly admits that the Petitioners have already preferred a Civil Suit and the proceedings are pending. The Petitioners have rushed to this Court on an apprehension. The Civil Suit is still pending. 2.

Whether the Government desires to introduce a new canal by way of a remedial measure in place of the old canal, is a subject on which an issue cannot be raised in this Court. The Petitioners pray that we should issue injunctory orders, when the Civil Suit in the same cause is pending.

3.

In view view of the above, this Petition is disposed off. 4.

The Petitioners are always at liberty to avail of such remedies as are permissible in law.

( Y. G. KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J. ) JPChavan