Shaikh Rasool Shaikh Chand v. Hayat Khan Isa Khan And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.128 OF 2016 Shaikh Rasool S/o Shaikh Chand Petitioner

Versus

Hayat Khan S/o Isa Khan and others Respondents Mr.S.P. Joshi advocate for the petitioner Mr. S.P.Deshmukh, AGP for respondent Nos.4 to 7 Mr. V.V. Bhavthankar advocate for respondent Nos.1 to 3 _______________ CORAM : R.M. BORDE, J (Date : 25th APRIL, 2016.) PER COURT The petitioner is objecting to the order passed by the Deputy Commissioner (Entertainment Tax), Aurangabad on 30.3.2015 allowing the appeal presented by one Hayat Khan Isa Khan and thereby setting aside the order in pursuance to the compromise recorded before the Additional Collector, Beed. The petitioner claims that he has purchased certain property from Laxman Vitthal Ukare, respondent herein and that he has entitlement in relation to the property. The petitioner further expresses an apprehension that as a result of impugned order, his name which has already been recorded in 7/12 extract, would be

{2} wp 128.16.odt removed. If at all the petitioner has any such apprehension, he may avail of the remedies available in law. The order passed by the authority in absence of the petitioner shall not have any binding effect so far as the rights, title and entitlement of the petitioner are concerned.

Keeping option of the petitioner to avail of remedies available under law including the presentation of a suit, if advised, open, the writ petition stands disposed of.

(R.M.BORDE, J) vbd