Babarao Bhimrao Tole And Others v. The State Of Maharashtra And Others

wp9650.16 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.9650 OF 2016 (Babarao Bhimrao Tole and others Vs The State of Maharashtra and others) Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM :

R.M. BORDE & S.M. GAVHANE, JJ.

DATED :

29.08.2017 Mr.Mahesh P. Kale, Advocate for the petitioners Mr.S.G.Karlekar, AGP for the respondent/State Mr.S.T.Shelke, Advocate for respondent No.2 .

The petitioners are praying for issuance of directions to return back the land which has already been sold in favour of the Industrial Unit in the year 1981. The petitioner has sold the property under a sale deed executed in favour of the respondents.

2.

Thus, the petitioners do not have any legal entitlement to claim return of the land under any enactment or an agreement. So far as the tender

wp9650.16 notice published by the respondents for disposal of land and building of the respondents for discharge of liability is concerned, the petitioner cannot claim to have any interest or cause to obstruct the sale. In exercise of extra jurisdiction under Article 226 of the Constitution, no interference is called for. The petition being devoid of substance stands disposed of.

[S.M. GAVHANE,J.] [R.M. BORDE, J.] VishalK/wp9650.16