Sayyad Matin Abdul Razak v. The State Of Maharashtra Through Collector And Others

2024:BHC-AUG:12583-DB *1* 904wp6189o24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 904 WRIT PETITION NO. 6189 OF 2024 SAYYAD MATIN ABDUL RAZAK

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR AND OTHERS ...

Shri Kolpe Mahendra B., Advocate for the Petitioner. Shri M.M. Nerlikar, AGP for Respondent Nos.1 to 4/State. ...

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

DATE :- 28th June, 2024 Per Court :- 1.

The Petitioner seeks issuance of a Writ of Madamus in terms of the following prayer clauses B and C :- "B) Issue appropriate writ, order or directions in the like nature the respondent No.1 may kindly be directed to correct the Revenue Record in respect of Gat no.169 situated at Bagpimpalgaon, Tq. Georai, Dist. Beed.

C) Issue an appropriate writ, order or directions in the like nature, against the respondent No.1 and 2 to reduce the acquired area from the revenue record of Gat no.169 situated at Bagpimpalgaon, Tq. Georai, Dist. Beed."

2.

The Petitioner himself is the Plaintiff in Regular

*2* 904wp6189o24 Civil Suit No.268/2022. The memo of the plaint indicates that the Petitioner desires that there should be a division of the property in terms of the agreements, dated 01.10.1996 and 19.09.1997, and 1/4th share be allotted to the Petitioner. It is, thus, obvious that the civil dispute is being adjudicated upon by the Civil Court and as on date, the Petitioner's claim to a particular share in the property, is yet to be crystallized.

3.

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

kps (Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.)