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Bombay High CourtWP/7118/2022dismissed

Musabhai Babanbhai Pathan v. The State Of Maharashtra Through Its District Collector And Others

2022-07-14Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice Anil L. Pansare2 pages

*1* 911wp7118o22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.7118 OF 2022 MUSABHAI BABANBHAI PATHAN

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS DISTRICT COLLECTOR AND OTHERS ...

Advocate for the Petitioner : Shri Bhopi Shivashish V. AGP for the Respondents/ State : Shri S.K. Tambe ...

CORAM : RAVINDRA V. GHUGE & ANIL L. PANSARE, JJ.

DATE :- 14th July, 2022 Per Court :- 1.

By this petition, the petitioner has sought a Writ of Mandamus to direct the respondent authorities to pay him the compensation amount.

2.

The learned advocate for the petitioner has strenuously canvassed the grounds below paragraph 6. 3.

The petitioner has disclosed in ground No.IV below paragraph 6 that Regular Darkhast No.25/2014 is pending for executing the decree.

4.

In view of the above, we do not find that this Court should exercise it's writ jurisdiction when a statutory remedy of

*2* 911wp7118o22 seeking execution of the decree has already been availed of. 5.

In view of the above, this Writ Petition is dismissed. 6.

We grant liberty to the petitioner as well as the contesting parties to request the Executing Court for an early disposal in Regular Darkhast No.25/2014.

kps (ANIL L. PANSARE, J.) (RAVINDRA V. GHUGE, J.)