Subhash Bhaskar Choudhary v. The State Of Maharashtra And Others

1 WP - 2714-2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2714 OF 2015 SUBHASH BHASKAR CHOUDHARY

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. A.P. Bhandari, Advocate for petitioner Mr. S.P. Tiwari, AGP for respondent - State Mr. A.G. Talhar, Advocate for respondent no.4 ...

CORAM : SUNIL P. DESHMUKH, J.

DATE : 03-10-2018 ORDER :

1.

Heard learned counsel for the parties.

2.

Having regard to submissions on either side, it does not appear that it would be necessary to go into merits of the case since respondent no. 4's counsel, on instructions, gracefully gives consent for measurement of lands provided entire land gat no. 148 and entire land gat no. 149 are measured at the expenses of petitioner along with sub-divisions therein. Since the parties are consenting, looking at the nature of dispute pending in the suit, it appears to be expedient to direct that entire land gat no. 148 and land gat no. 149, situated at Mauje Shirsoli Pragane Bornar, Taluka and District - Jalgaon, be measured along with sub-divisions therein.

2 WP - 2714-2015 3.

Petitioner's counsel, on instructions, states that petitioner would bear the expenses of such measurement. 4.

In view of above and especially, since the measurement is likely to go into resolution of dispute a long way, it appears to be expedient to indulge into the request. As such, impugned order dated 20-06-2013 passed by learned civil judge junior division, Jalgaon below Exhibit - 6 in regular civil suit no. 634 of 2012 is set aside and same stands modified as above. 5.

Taluka Inspector of Land Records / District Inspector of Land Records / Deputy Superintendent of Land Records, to measure entire lands bearing gat no. 148 and 149 along with their sub-divisions, as early as possible, upon the expenses therefor being paid by petitioner.

6.

Writ petition is disposed of.

[SUNIL P. DESHMUKH] JUDGE arp/