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Bombay High CourtWP/3917/2019disposed offdismissed for default

Sanjulal Moilal Sulane v. The State Of Maharashtra And Others

2019-06-03Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Mangesh S. Patil2 pages

( 1 ) 4 wp 3917.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 4 WRIT PETITION NO.3917 OF 2019 SANJULAL MOILAL SULANE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS with WRIT PETITION NO. 3918 OF 2017 MOTILAL SHIVLAL SULANE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner/S : Mr. Thole Vinod I. AGP for Respondents/State : Mr. V.M. Kagne ...

CORAM :

S.V. GANGAPURWALA & MANGESH S. PATIL, JJ.

DATE :

03.06.2019 P.C. :- We have heard Mr. Thole the learned advocate for the petitioners. The learned advocate submits that compensation as far as the land is concerned the petitioners have no grievance but it is to the extent of compensation assessed for teakwood.

2.

We have also heard the learned A.G.P.

3.

The acquisition is by private negotiation and the property is sold by sale-deed. It is by way of a private instrument. It is not an acquisition

( 2 ) 4 wp 3917.19 pursuant to the statutory provisions.

4.

If the petitioners are aggrieved by the consideration amount as stated in the sale-deed the remedy for the petitioners is under the Specific Relief Act. The writ jurisdiction cannot be invoked in such a matter. 5.

In light of the above the writ petitions are disposed of with liberty to the petitioners to avail the remedy as may be available in law. No costs. [MANGESH S. PATIL, J.] [S.V. GANGAPURWALA, J.] mub