Raosaheb Maroti Dhokchoule v. The State Of Maharashtra And Others

5-wp.6114-2015.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.6114 OF 2015 WITH CIVIL APPLICATION NO.5956 OF 2020 IN WRIT PETITION NO.6114 OF 2015 Raosaheb s/o. Maroti Dhokchoule ..Petitioner Vs.

The State of Maharashtra and ors.

..Respondents ---- Mr.Sanket Kulkarni, Advocate for petitioner Mr.V.M.Kagne, AGP for respondent nos.1 to 7 Mr.P.V.Barde, Advocate for respondent no.6 Mr.N.S.Choudhari, Advocate for respondent no.8-A ---- CORAM : SUNIL P. DESHMUKH AND R.G. AVACHAT, JJ.

DATE : OCTOBER 29, 2020 PER COURT :- Mr.Barde, learned counsel for respondent no.6, raises a preliminary objection that petitioner has an alternate remedy. 2.

Mr.Kulkarni, learned counsel for the petitioner, submits that petitioner would avail the alternate remedy, however, protection for two months be granted. Mr.Barde, learned counsel for respondent no.6, opposes the request for granting such protection.

5-wp.6114-2015 3.

The dispute is with regard to the immovable property. 4.

Learned counsel for petitioner states that in similar situation in Writ Petition No.6490 of 2020, a Division Bench of this Court has granted protection under order dated 16-10-2020. 5.

The Writ Petition is disposed of as withdrawn with liberty to the petitioner to avail of alternate remedy. All contentions are kept open. The parties shall maintain status quo as on today with regard to the writ property upto 30th November, 2020. No costs. 6.

In view of above, Civil Application No.5956 of 2020 also stands disposed of.

[R.G. AVACHAT, J.] [SUNIL P. DESHMUKH , J.] kbp