Ashok Marotirao Hiwale And Others v. The State Of Maharashtr And Others

W.P.No.1257/2017 (87)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO.1257 OF 2017 Ashok s/o Marotirao Hiwale and ors.

.. Petitioners

Versus

The State of Maharashtra and ors.

.. Respondents Mr R.V. Gore, Advocate for petitioners Mr A.S. Shinde, A.G.P. for respondents no.1 to 3 Mr Patjan Zareef Khan for respondents no.4 and 5 Mr S.S. Thombre, Advocate for respondents no.6 and 7 - absent CORAM : S.V. GANGAPURWALA & A.M. DHAVALE, JJ Date : 1st March 2018 PER COURT 1.

The affidavit is filed by respondents no.6 and 7. Paragraph 5 of the same reads thus :

"5.

I state that, these answering respondents issued notices to the persons who are residing in the above mentioned survey numbers including the petitioners and their no objections/consent is sought for the measurement of all these survey numbers. Though the notices were issued to the petitioners also, but till today, they have not given consent for measurement of the above mentioned survey numbers. The respondents are placing on record the notices issued to Subhash Marotirao Hiwale, Ashok Marotirao Hiwale, Raybhan Madhavrao Agaj, Ganesh Madanlal Totala, Murlidhar Pandu Dokhe, Balabhau Raosaheb Sagajkar and others, Ganpat Raosaheb Sagajkar and Bhagwan Raosaheb Sagajkar, Smt. Sharda Sarjerao Padiyal and others and Thakubai Vishwanath Naik and the respondents are issuing the notices to other persons, who are having interest in the Survey Nos.1423, 1424, 1425, 1421, 1426, 1418, 1429, 1433 of the village Bidkin".

W.P.No.1257/2017 (87) 2.

In view of above, as the process for measurement is already initiated. Same shall be taken to its logical end expeditiously. We expect the measurement to be completed on or before 31st May 2018. 3.

Notices can be issued for measurement by the office of T.I.L.R./S.L.R. as the case may be to the concerned persons and conduct measurement. After the measurement is conducted, depending upon the report of the measurement, the further steps may be taken.

4.

Writ Petition is accordingly disposed of. No costs. ( A.M. DHAVALE, J.) ( S.V. GANGAPURWALA, J.) vvr