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Bombay High CourtWP/11853/2022disposed off

Ankush Parasram Kaldate v. Gajanan Kamlakar Rohinkar And Others

2023-01-10Hon'Ble Shri Justice Arun R. Pedneker2 pages

11853.22WP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 903 WRIT PETITION NO.11853 OF 2022 ANKUSH PARASRAM KALDATE

VERSUS

GAJANAN KAMLAKAR ROHINKAR & OTHERS ...

Advocate for the petitioner : Mr.K.B.Jadhav Advocate for the respondent no.2 : Mr. Santosh S.Naik ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 10.01.2023 P.C. :

1] The learned counsel for the petitioner submits that the direction was issued by the Tahsildar, Mantha to the petitioner in an application under Section 5 of the Mamlatdar'

s Courts Act to open the road for Survey No.

१५/उ, १५/ए, १५/ए, १५/ ओand १५/ उfrom the bandh of Gat Nos. 17 and 16 and the Tahsildar also further directed the respondent nos.1 to 5 not to disturb the crops of the petitioner. Due to the direction of the learned Tahsildar, the petitioner is not aggrieved, accordingly, nothing survives in this matter.

2] The learned counsel for the respondent no.2 submits that the order passed by the Tahsildar is implemented in letter and spirit on 11.11.2022.

11853.22WP 3] In the event the petitioner is aggrieved, the petitioner may point out the said fact to the Mamlatdar again when the order has not been correctly implemented. 4] The direction issued by the Mamlatdar be implemented strictly.

5] In view of the above, nothing survives in this matter. Accordingly, the Writ Petition is disposed of with liberty as aforesaid.

[ARUN R. PEDNEKER] JUDGE DDC