Deepak Nagesh Deshmukh v. The State Of Maharashtra Through Its Secretary And Others

2025:BHC-AUG:22290-DB 1 RA(C)/176/2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 919 REVIEW APPLICATION (CIVIL) NO. 176 OF 2025 IN WP/5886/2025 DEEPAK NAGESH DESHMUKH

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

Advocate for the petitioner : Mr. Shiv Nand Mishra (Through VC) h/f. Mr. A.G. Malipatil AGP for the respondent - State : Ms. S.S. Joshi ...

CORAM

: MANISH PITALE & Y.G. KHOBRAGADE, JJ.

DATE : 14 AUGUST 2025 PER COURT :

By this application, the applicant is seeking review of order dated 05.05.2025 passed by this Court in writ petition no. 5886 of 2025. In the said order, this Court held as under : ". Considering the fact that the petitioner claims to be the owner of the property / plot of land over which Respondent No. 5 is alleged to have encroached.

2.

Keeping open the avenue for the petitioner to approach the civil court and seek appropriate declarations and consequential relief, including possession, injunction etc., the writ petition is disposed of."

2.

The principle contention raised on behalf of the applicant is that, since the land upon which the petitioner is stated to have

2 RA(C)/176/2025 encroached is stated to be a Government land, the above quoted order needs to be reviewed.

3.

We are not in agreement with the contention raised on behalf of the applicant, simply for the reason that even if that be so, the applicant has been given the liberty to approach the civil Court, to seek appropriate relief in the matter.

4.

Since there would be disputed questions of facts involved in the matter, we do not find any reason to review the order passed by this Court. Needless to state, the applicant would be at liberty to approach the concerned civil Court, as per the liberty granted in paragraph no. 2 of the above quoted order.

5.

The Application is dismissed.

[ Y.G. KHOBRAGADE ] [ MANISH PITALE ] JUDGE JUDGE arp/