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Bombay High CourtWP/9620/2014disposed offdismissed for default

Rahim Khan Mannan Khan v. The State Of Maharashtra And Another

2015-02-17Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

9620.2014 WP

IN THE HIGH COURT OF JUDICATURE OF BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO. 9620 OF 2014 Rahim Khan S/o Manan Khan ...

Petitioner

Versus

The State of Maharashtra & others ... Respondents .....

Mr. G.R. Syed , Advocate for petitioner Mr. D.R. Korde, A.G.P. for respondent No. 1 Mr. S.A.P. Kadri, Advocate for respondent No. 2 .....

CORAM : RAVINDRA V. GHUGE, J.

DATED : 17th FEBRUARY , 2015 PER COURT :

1.

On 03-11-2014 I have passed the following order :- "1.

Issue pertains to a mutation entry.

Proceedings before the Civil Court are pending in relation to the Rent Suit No. 21/201, wherein issue of ownership and title as well right to claim rent is being gone into. In the light of the judgment of this Court in the case of Shrikant R. Sankanwar and others Vs. Krishna Balu Nowkundhar, 2003 (3) BCR 45, the conclusions drawn by the Civil Court in substantiative civil proceedings will bind the Revenue Authorities and not vice-versa.

2.

Issue notice before admission to the respondents, returnable on 19-11-2014. Learned A.G.P. waives service on behalf of respondent No. 1. Hamdast for respondent No. 2 allowed."

9620.2014 WP 2.

Shri S.A.P. Kadri, learned Advocate appears on behalf of respondent No. 2.

3.

Since substantiative proceedings (Rent Suit No. 21 of 2011) wherein the issue of ownership, title as well as right to claim rent is being gone into, Shri Syed learned Advocate for the petitioner submits that the parties have already advanced final oral submissions in the matter and as such the issue as regards ownership and title would be decided in the said proceedings. 4.

Shri Kadri, learned Advocate submits that in the light of the pendency of Rent Suit No. 21 of 2011 this petition need not be entertained.

5.

Since this Court has already taken a view in the matter of Shrikant R. Sankanwar and others Vs. Krishna Balu Nowkundhar 2003 (3) BCR 45, this petition is disposed off with the observations that the conclusions drawn by the Civil Court in substantive civil proceedings will bind the Revenue authorities. Petition is accordingly disposed off.

( RAVINDRA V. GHUGE, J. ) SDM* FEBRUARY-2015