Gangadhar Dhama Bhoi Mangilwar 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.2902 OF 2020 WITH CIVIL APPLICATION NO.4250 OF 2021 IN WP/2902/2020 GANGADHAR DHAMA BHOI MANGILWAR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for the Petitioner : Shri Jadhav Kiran D. AGP for Respondents 1 to 3 : Shri P.S. Patil Advocate for the Applicants in CA/4250/21 : Shri Kuldeep S. Patil h/f Shri Sameer S. Choudhari ...

CORAM : RAVINDRA V. GHUGE & S.G. MEHARE, JJ.

DATE :- 04th October, 2021 Per Court :- 1.

The petitioner has put forth prayer clause B, which reads as under :- "B) By issuing writ of mandamus or any other writ, order or direction in like nature this Hon'ble High Court may kindly be directed to decide the pending proceedings/ representation of the petitioner dated 07.07.2017, 03.01.2018 and 08.10.2018 in accordance with law to hand over the possession of land to the petitioner according the judgment and order dated 31.05.2005 passed by Ld. Additional Collector Nanded."

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Having perused the representations set out in prayer clause B, it is obvious that the petitioner desires that the orders of the Additional District Collector be implemented. The said orders have been subject matter of challenge before the learned Maharashtra Revenue Tribunal and thereafter, the matter has reached the learned Single Judge Bench in Writ Petition No.6850/2014. The learned Single Judge has granted interim relief in terms of prayer clause C thereby, staying the orders of the Additional District Collector and the learned Tribunal. The petitioner is a party to the said proceedings before the learned Single Judge.

3.

In view of the above, this Writ Petition is frivolous and therefore, dismissed.

4.

The pending Civil Application does not survive and stands disposed off.

kps (S.G. MEHARE, J.) (RAVINDRA V. GHUGE, J.)