Sahebrao Gopalrao Jadhav v. The State Of Maharashtra And Others

908 wp.11610.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

908 WRIT PETITION NO.11610 OF 2021 SAHEBRAO GOPALRAO JADHAV

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Ms. Pooja V. Langhe. AGP for Respondent/State: Mr. S. G. Karlekar. ...

CORAM :

S. V. GANGAPURWALA & R. N. LADDHA, JJ.

DATE :

23rd November, 2021.

P.C.:

.

Ms. Langhe, learned counsel for petitioner submits that the application under Section 5 of the Mamlatdars Court Act has been allowed by the authority. The revision filed against the same is also dismissed. Civil Suit was filed by respondent Nos.5 and 6. The same is also dismissed. Even the Tahsildar had directed the Circle Officer on 17th June, 2015 to remove the obstructions. However, the Circle Officer has turned up blind eye to it.

The learned AGP appears for respondent Nos.1, 2 and 3 and submits that the petitioner has remedy of filing execution. In case the order of the Mamlatdar in favour of the petitioner is still in force, then the petitioner has a remedy to get it executed under Section 21 of the Mamlatdars Court Act.

908 wp.11610.21.odt The petitioner may avail the said remedy. In case the same is filed, the authority where the proceedings are filed, shall take into consideration the orders passed and may proceed in accordance with law expeditiously.

The writ petition is disposed of. No costs.

[ R. N. LADDHA, J. ] [ S. V. GANGAPURWALA, J. ] nga