Dattu Manikrao Jagtap And Another v. The State Of Maharashtra Through The Sub Divisional Officer And Others

986-wp-10886-2024 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 986 WRIT PETITION NO. 10886 OF 2024 Dattu Manikrao Jagtap And Another

VERSUS

The State Of Maharashtra Through The Sub Divisional Officer And Others ...

Mr. Govind B. Chate, Advocate for the Petitioner Mr. B. B. Bhise, AGP for Respondent/State.

Mr. Vaibhav B. Kulkarni, Advocate for Respondent No.3 ...

WITH CIVIL APPLICATION NO. 4775 OF 2025 IN WP/10886/2024 Bandu Nayabrao Jagtap

VERSUS

The State Of Maharashtra Through The Sub Divisional Officer And Others ...

Mr. Kulkarni Vaibhav B., Advocate for Applicant Mr. B. B. Bhise, AGP for Respondents/State ...

CORAM : ROHIT W. JOSHI, J.

DATED :

9th JULY 2025 PER COURT :- 1.

The learned Counsel for respondent no.3 has tendered across the bar copy of plaint in Regular Civil Suit No.417 of 2024 which is pending on the file of the learned Civil Judge Senior Division, Jalna. 2.

According to the learned counsel for respondent.3 the said suit is filed on 22.10.2024 as per the information gathered from 'eCourts Services' application. The plaintiffs in the said suit are petitioner nos.1 Narwade

986-wp-10886-2024 -2and 2 in the present petition and their father Manikrao Eknath Jagtap. Respondent no.3 in the present petition is arrayed as defendant no.1 in the said suit. One of the prayers in the said suit is that the order dated 24.11.2023 passed by Tahsildar, Badnapur which is also impugned in the present petition be declared as illegal. 3.

The present petition is filed on 20.09.2024 and the civil suit for the same relief is filed thereafter. In view of the aforesaid, the present petition is not entertained.

4.

Regular Civil Suit No.417 of 2024 be decided in accordance with law.

5.

Needless to mention that since the petition is dismissed interim order granted earlier stands vacated.

[ROHIT W. JOSHI, J.] Narwade