Baban Ganpat Gund v. The District Collector And Others

2024:BHC-AUG:15982-DB 924-WP-7523-2024.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7523 OF 2024 BABAN GANPAT GUND

VERSUS

THE DISTRICT COLLECTOR AND OTHERS ....

Ms Pratiksha C. Kale, Advocate for Petitioner Mr. K. K. Naik, AGP for Respondent - State ....

CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE : 25.07.2024 PER COURT :- 1.

After hearing this matter for some time, it is revealed that the Petitioner is having a dispute with private individuals. According to the Petitioner, certain private individuals have encroached upon his land. He has lodged a complaint with the Revenue Department. According to the Petitioner, the Revenue Department is not looking into the matter.

2.

There are several disputed issues as regards demarcation of properties, fixing of boundaries, areas owned and possessed by the parties, inasmuch as, the purported encroachers

(( 2 )) 924-WP-7523-2024 are not before us as respondents. In such circumstances, a matter in the nature of a civil dispute with disputed questions, cannot be entertained by this Court in the light of the judgment delivered by the Hon'ble Supreme Court in City and Industrial Development Corporation Vs. Dosu Aardeshir Bhiwandiwala and others, AIR 2009 SC 571.

3.

The learned Advocate for the Petitioner submits on instructions that the Petitioner desires to withdraw this Petition and approach the appropriate Court for redressal of his grievance. 4.

In view of the above statement, this Writ Petition is disposed off as withdrawn, on instructions, with liberty as may be permissible in law.

[ Y. G. KHOBRAGADE, J. ] [ RAVINDRA V. GHUGE, J. ] SMS