Deepsingh Shankarsingh Gadiwale And Others v. The State Of Maharashtra And Others

2024:BHC-AUG:22424-DB {1} 907 sr.no..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 1635 OF 2024 DEEPSINGH SHANKARSINGH GADIWALE AND OTHERS ....Petitioner

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS .....Respondent .....

Advocate for the Petitioner : Mr. GANGAKHEDKAR SHAILENDRA SHARADCHANDRA APP for Respondents: Mr. A.M. PHULE.

CORAM : SMT. VIBHA KANKANWADI & S.G. CHAPALGAONKAR, JJ.

DATE : 19th SEPTEMBER, 2024.

P.C. :- 1.

Heard learned advocate for the petitioners and learned APP for respondent Nos. 1 to 3.

2.

Learned APP, on instructions, and after taking us through the contents of the FIR vide crime No. 222 of 2024 and Crime No. 344 of 2024 registered with Vimantal Police station, Nanded, submits that both these FIRs are in respect of Gat No. 9981, Survey No.5, Plot No.1 and the contents of the FIR would show that the petitioners are canvassing their right in respect of C.T.S. NO. 9976 (forming part of Survey No.5). So, these are two different properties and the Investigating Officer has authorized the learned APP to make a statement that the Investigating Officer was not on the spot to hand over possession of C.T.S. No. 9976.

{2} 907 sr.no..odt The investigation officer has no intention to dispossess anybody. 3.

In view of said statement, learned advocate for the petitioners seeks withdrawal of the petition with liberty to file appropriate proceeding in respect of two FIRs. 4.

Criminal writ petition stands dismissed as withdrawn with liberty as prayed for.

[S.G. CHAPALGAONKAR, J] [ SMT. VIBHA KANKANWADI, J] grt/-