Kunwarsingh Arjunsing Thakur And Others v. The State Of Maharashtra Through The Collector And Others

2024:BHC-AUG:15476-DB - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 930 WRIT PETITION NO. 7554 OF 2024 KUNWARSINGH ARJUNSING THAKUR AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR AND OTHERS Mr.G.S.Shete, Advocate for the Petitioners.

Mr.K.K.Naik, AGP for the Respondent/State.

( CORAM : RAVINDRA V. GHUGE AND Y.G.KHOBRAGADE, JJ.) DATE : JULY 24, 2024 PER COURT :

1.

Heard the learned Advocate for the Petitioners and the learned AGP. The Petitioners are worried that their property is likely to be acquired for the proposed construction of the service road from Chhatrapati Shivaji Maharaj statue to Bharat Petrol Pump at Ambad on the service road besides the Pachod Highway. Civil litigation with regard to the said land is pending. The Petitioners desire that their land be measured.

2.

The Petitioners have an efficacious remedy of moving an khs/July 2024/7554

- 2 - application under Order 26 Rule 9 of the CPC, in the pending suit, for appointment of a Court Commissioner for seeking measurement of the land.

3.

In view of the said remedy available, in the light of the pending suit, this Writ Petition is disposed off. ( Y.G.KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J.) khs/July 2024/7554