Gopinath Shamrao Kapase And Another v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.7508 OF 2018 Gopinath Shamrao Kapase and another Petitioners

Versus

The State of Maharashtra & others Respondents Mr.U.B.Deshmukh, advocate for petitioners.

Mrs.M.A.Deshpande, A.G.P. for Respondents.

CORAM : R.M.BORDE AND A.M.DHAVALE, JJ.

DATE : 11th July, 2017.

P.C. :

The action of petitioners of prohibiting the competent authorities from conducting repairs to the minor canal passing through the agricultural land of the petitioners is likely to cause damage to the agricultural properties of the adjoining land owners contending that since the minor canal has been constructed without acquiring land of the petitioners and without observing the prescribed procedure, they would not allow carrying out repairs to the canal, disentitles them from securing any equitable relief from this Court. It would be open for the petitioners to avail of remedies available in law for grant of relief in terms of prayers made in this petition.

With liberty as aforesaid, Writ Petition is disposed of. A.M.DHAVALE R.M.BORDE JUDGE JUDGE adb/