Hasan Khan Chote Khan Pathan Died Through His Lrs. Zubeda Begum Hasan Khan And Others v. The State Of Maharashtra Through Additional Commissioner And Others

921-WP-1289-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 921 WRIT PETITION NO.1289 OF 2022 HASAN KHAN CHOTE KHAN PATHAN DIED THROUGH HIS LRS. ZUBEDA BEGUM HASAN KHAN AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH ADDITIONAL COMMISSIONER AND OTHERS ...

Advocate for Petitioners : Mr. A.A. Khan Addl. GP for Respondents: Mr. P.S. Patil ...

CORAM : S. V. GANGAPURWALA AND S. G. DIGE, JJ.

DATE : 27th JANUARY, 2022 PER COURT :- 1.

We have heard learned counsel for the petitioners. 2.

The dispute as raised in the present matter with regard to ownership and possession cannot be dealt with in writ jurisdiction under Article 226 of the Constitution of India as the same are disputed question of facts.

3.

In view of that, writ petition is disposed of with liberty to the petitioner to avail the remedy as may be permissible under law. In that event all the contentions are kept open.

( S.G. DIGE ) ( S.V. GANGAPURWALA ) JUDGE JUDGE mtk