Laxman Pundlik Bhalerao And Another v. The State Of Maharashtra And Others

1 wp 10703.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 10703 OF 2018 LAXMAN PUNDLIK BHALERAO AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Mr. Dhage Vaibhav B. AGP for Respondents No. 1 to 5 : Mr. P. S. Patil Advocate for Respondent No. 6 : Mr. R. R. Shaikh ...

CORAM: S. V. GANGAPURWALA & A. M. DHAVALE, JJ.

DATE:

th MARCH, 2019 PER COURT :

1.

The petitioners had filed objections under Section 3H(4) of the National Highways Act, 1956. The same are rejected. The objection filed by respondent no. 6 against the petitioner is referred to the civil Court. The properties it appears acquired of the petitioners and the respondent are adjacent to each other. The objection filed by respondent no. 6 is already referred to the civil Court. Respondent no. 6 is claiming on the basis of Sale Deed, whereas the

2 wp 10703.18 reliance is placed by the petitioner on the Partition Deed.

2.

It would be appropriate to decide the objections filed by the petitioners and respondent no. 6 by the civil Court if the objection of respondent no. 6 is already referred to civil Court.

3.

In the light of above, the impugned order is quashed and set aside. The competent authority shall refer the objections to the civil Court as contemplated under Section 3H (4) of the National Highways Act, 1956. The reference shall be made within a period of four (04) weeks from today. 4.

Writ Petition stands disposed of accordingly. No costs.

[A. M. DHAVALE, J.] [S. V. GANGAPURWALA, J.] marathe