Jagannath Namdeo Waghmare v. Chief Executive Officer And Another

2024:BHC-AUG:7921-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3556 OF 2024 JAGANNATH NAMDEO WAGHMARE

VERSUS

CHIEF EXECUTIVE OFFICER AND ANOTHER Mr. C. S. Tembhurnikar, Advocate for the Petitioner Mr. R. B. Bhosale, Advocate for Respondent/U.O.I. CORAM : RAVINDRA V. GHUGE AND R. M. JOSHI, JJ.

DATE : 10th April, 2024 PER COURT :- 1.

Admittedly, the Petitioner is at loggerheads with a private individual, Respondent No.2 herein. Admittedly, the plots are privately owned. Admittedly, there is a boundary dispute. Though the Cantonment Board is willing to measure the plot of the Petitioner, since he has deposited Rs. 11,270/-, Respondent No.2 is raising an objection and a dispute has arisen. The learned Advocate for the Cantonment Board submits that in such circumstances, the Cantonment Board cannot forcibly measure the land.

2.

It is obvious that the dispute between two private individuals is of a civil nature. Private plots and boundary disputes are involved. It would be advisable for the Petitioner to approach the learned Civil Court in order to get the rights crystallized and for directions. 29.wp3556.24.odt

3.

In view of the above, this Writ Petition is disposed off. ( R. M. JOSHI, J. ) ( RAVINDRA V. GHUGE, J. ) ssp 29.wp3556.24.odt