Giridhar Baburao Kumbhar v. The State Of Maharashtra And Another

{1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.6212 OF 2021 Giridhar s/o Baburao Kumbhar Petitioner

Versus

The State of Maharashtra & others Respondents Mr.C.D.Biradar, advocate for the Petitioner. Mr.K.B.Jadhavar, AGP for Respondent-State.

CORAM : V.K.JADHAV, J.

DATE : 22nd April, 2021.

PC :

I have heard learned Counsel for the petitioner at length. I am not inclined to entertain this writ petition. Respondent No.2-widow has fled an application for grant of heirship certifcate on account of death of her husband and accordingly the Joint Civil Judge, Junior Division, Udgir, by order dated 23.06.2020, has granted legal heirship certifcate in favour of Respondent No.2. Being aggrieved by the same, though the petitioner has fled Misc. Civil Appeal No.02 of 2021 before the District Court, however, the said appeal is fled belatedly and thus the application seeking condonation of delay of nine months in fling the said appeal, is pending

{2} before the District Court.

It further appears that the petitioner has also instituted suit bearing RCS No.352/2020 for declaration of ownership and for grant of perpetual injunction in respect of the suit property. Meanwhile, Respondent No.2, along with the legal heirship certifcate granted in her favour by the competent Civil Court, has fled an application before the Chief Offcer, Municipal Council, Udgir for mutating her name in respect of the suit property House (Old) No.2-2-129 and (New) No.2-2-144. Though the present petitioner has raised an objection by pointing out to the Chief Offcer about the pendency of the suit as well as appeal preferred against the legal heirship certifcate granted in favour of Respondent No.2, the Deputy Chief Offcer, by the impugned order dated 18.02.2021, allowed the application fled by the Respondent No.

2 and mutated her name in respect of the suit property on the basis of the legal heirship certifcate. I have carefully gone through the impugned order dated 18.02.2021. It appears that the Deputy Chief Offcer, Municipal Council, Udgir, has considered the legal heirship certifcate granted in favour of Respondent No.2 by the competent Civil Court and mutated her name in respect of the suit property.

{3} to the order passed in pending Civil Suit as well as in appeal, preferred against the legal heirship certifcate, granted in favour of Respondent No.2. Furthermore, the Deputy Chief Offcer, Municipal Council, Udgir has also taken care by directing the parties, particularly, Respondent No.2 herein, not to create any third party interest in respect of the suit property till the decision of the Civil Court. In view of the same, petitioner is well protected. If at all the petitioner is aggrieved by the said order, the petitioner can very well approach the appellate/revisional authority. I fnd no substance in this writ petition. Hence, the following order:

Writ Petition is hereby dismissed.

(V.K.JADHAV) JUDGE adb