Jagdish Deepchand Khattar And Others v. The State Of Maharashtra And Others

{1} 27 sr.no..odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.7100 OF 2021 JAGDISH DEEPCHAND KHATTAR AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Mr. S.S. Thombre AGP for Respondents: Mrs. R.P. Gaur.

. . .

CORAM : C.V. BHADANG & SANDIPKUMAR C. MORE, JJ.

DATE : 13 JUNE, 2022.

ORDER :- This petition is filed for a direction to the respondnt Nos. 2 and 3 to take appropriate action against the respondent No.4 on the basis of representation/complaint dated 5.12.2019. The allegation of the petitioner is that on account of "Mangal Karyalaya" operating on CTS No. 2925/4 and 2935/5 at Jalna, there is nuisance caused. The record discloses that there is yet another communication at page 18 of the compilation, in which there was no objection given for construction of a community hall. The allegation is that by

{2} 27 sr.no..odt constructing community hall, now "Mangal Karyalaya" is being operated from the premises.

2.

We find that disputed questions of fact are involved and it is not possible to entertain the petitioner as framed and filed before this court. Writ petition is dismissed. It would, however, be open to the petitioner to avail appropriate remedy as may be available in law, and if so advised. We make it clear that we have not examined rival contentions on merit.

SANDIPKUMAR C. MORE, J.

C.V. BHADANG, J.

grt/-