Zahedabee Mohammad Tahermiyan Shaikh v. Union Of India And Others

W.P. No.2759/2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO.2759 OF 2015 Zahedabee w/o Mohammad Tahermiyan Shaikh ...

PETITIONER

VERSUS

The Union of India & others ...

RESPONDENTS .....

Shri S.P. Kulkarni, Advocate for petitioner Shri S.B. Deshpande, Assistant Solicitor General for Union of India/respondents No.1 to 5 Mrs. A.V. Gondhalekar, A.G.P. for State Shri A.V. Hon, Advocate for respondent No.25 Shri A.B. Tele, Advocate for respondent No.26 .....

CORAM:

R.M. BORDE & A.I.S. CHEEMA, JJ.

DATED:

16th November, 2015.

ORAL ORDER :

1.

The petitioner is praying for release of the land bearing Survey No.193, situated at Latur in favour of the original owner. It is not a matter of dispute that the land was utilised for laying down a narrow-gage railway track. The track was laid during the Nizam regime and it is presumed that the land is taken in possession by the Government during the Nizam regime

W.P. No.2759/2015 in observance of the procedure prescribed under law. 2.

After passage of more than 75 years, the relief claimed by the petitioner in the instant petition does not deserve to be granted. Apart from these aspects, the petition raises disputed questions of facts. The petition is misconceived and as such, stands rejected.

(A.I.S. CHEEMA, J.) (R.M. BORDE, J.) fmp/wp2759.15