Suhas Bhagwat Rahane v. Nagar Parishad Vaijapur Through Its Chief Officer And Other

931-wp-11394-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 11394 OF 2019 SUHAS BHAGWAT RAHANE

VERSUS

NAGAR PARISHAD VAIJAPUR THROUGH ITS CHIEF OFFICER AND OTHERS ...

Advocate for the Petitioner : Shri N. P. Ghanwat ...

CORAM : RAVINDRA V. GHUGE, J.

DATED : 18th SEPTEMBER, 2019.

...

PER COURT :

1.

The petitioner, who is original plaintiff in Regular Civil Suit No. 351/2010, is aggrieved by the impugned order dated 20/03/2018 challenged on 19/08/2019, by which, his application Exhibit 69 seeking re-measurement, has been rejected.

2.

I have considered the submissions of the learned Advocate for the petitioner and have gone through the grounds formulated under paragraphs 4, 5 and 6. It is informed that the TILR who was already appointed as a court commissioner and has carried out the measurements and has presently

931-wp-11394-19.odt stepped in the witness box.

3.

It is undisputed that a court commissioner was earlier appointed. He has measured the suit land and has submitted a report. He is being subjected to examination before the Trial Court. In this backdrop, there cannot be an order of remeasurement until it is established before the Trial Court that the TILR has failed in his duties as a court commissioner and his measurements, fixing the boundaries and his report are unreliable. In view of this legal position, I do not find that the impugned order could be termed as being perverse or erroneous. This petition, being devoid of merit is, therefore, dismissed.

(RAVINDRA V. GHUGE, J.) shp/-