Dhanji Avachit Rokde v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1480 OF 2018 Dhanji S/o Avachit Rokde .. Petitioner

VERSUS

The State of Maharashtra and Ors.

.. Respondents ---- Mr. V.R.Jain, Advocate for the petitioner Mr. A.B. Girase, A.G.P. for the respondent/State CORAM : S.S.SHINDE AND S.M. GAVHANE, JJ.

DATE : 5TH FEBRUARY, 2018 ORDER :

1.

Learned counsel appearing for the petitioner submits that the petitioner will avail of an appropriate remedy, as available in law, however, limited protection of one week may be granted in favour of the petitioner by ordering status-quo as to the possession to the extent of house of the petitioner situated in Gut Nos.491 and 492. 2.

Without entering into the merits of the contentions raised in the petition and in view of the fact that the appropriate alternate remedy is available to the petitioner, we are not inclined to entertain the

2 - 28p-wp1480-18 petition. Hence, petition stands rejected. However, we direct the respondents to maintain status-quo as to the possession of the petitioner in respect of the House Nos. 13 and 14 situate in Gut Nos. 491 and 492 till 12.02.2018. We have not expressed any opinion about title, ownership or possession of the petitioner about the aforesaid property, and it is for the concerned Forum to consider all these aspects.

3.

We make it clear that no further prayer for continuation of a limited protection granted today will be entertained under any circumstances.

4.

Parties to act upon authenticated copy of this order. [S.M.GAVHANE] [S.S.SHINDE] JUDGE JUDGE mta/-

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