Ganesh Shaligram Deshmukh v. The State Of Maharashtra And Others

WP 10283.14 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.10283/2014 GANESH SHALIGRAM DESHMUKH ...PETITIONER...

VERSUS

THE STATE OF MAHARASHTRA & OTHERS.

...RESPONDENTS...

.....

Shri Amit A. Mukhedkar , Advocate for Petitioner. Shri P.P. More, AGP for Respondent Nos.1 & 5. .....

CORAM: B.P. DHARMADHIKARI & A.M. BADAR, JJ.

DATE: 20.12.2014 ORDER :

1] Heard Shri Amit A. Mukhedkar , Advocate for Petitioner and Shri P.P. More, AGP for Respondent Nos.1 & 5.

2] Property card of the property before its sale shows ownership of petitioner on part of Plot No.46. Total area of Plot No.46 as per P.R. Card is 344 Sq.Mtrs. Petitioner's predecessor in title purchased on 25.12.2001 area of 278 Sq.Mtrs out of it. Petitioner thereafter sold 103.06 Sq.Mtrs. to respondent no.3 and respondent no.3 in turn sold it to respondent no.4.

WP 10283.14 - 2 - 3] It is obvious that there is no partition by any competent authority of said plot No.46. Material to show whether plot No.46 is legally recognized and then sub-divided as per law is missing.

4] In this situation, grievance of petitioner that respondent no.4 has raised unauthorized construction cannot be looked into by us in writ jurisdiction. Petition is, therefore, not entertained. It is rejected. No costs.

(A.M. BADAR, J.) (B.P. DHARMADHIKARI, J.) ndk/c20121418.doc