Shesherao Venkatrao Shete v. The State Of Maharashtra And Another

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.12864 OF 2017 Sheshrao S/o Venkatrao Shete Petitioner

Versus

The State of Maharashtra & another Respondents Mr.S.N. Janakwade advocate for the petitioner Mr.S.H. Joshi advocate for Respondent No.2 Mr. A.R. Kale, AGP for respondent No.1 _______________ CORAM : R. M. BORDE & VIBHA VASANT KANKANWADI, JJ (Date: November 6th, 2017) PER COURT :- Perused the order passed by the District Magistrate, Parbhani.

The petitioner is objecting for installation & construction of the inter-State transmission line for transmission of electrical energy of 765 KV.

The petitioner claims that, he has transferred his land in favour of an Educational Institution, by way of execution of a lease deed and if the respondents are permitted to carry out the work of laying down electricity transmission line, it may adversely affect the Educational Programme to be conducted by the institution. It has also been disclosed that, the petitioner is

{2} wp 12864.17.odt the Secretary of the Educational Institution in whose favour the land has been transferred. The petitioner is deriving financial interest by transferring the land belonging to him in favour of the institution of which he is secretary.

It would be open for the Education Department to take note of such a transaction and if needed, take appropriate steps. So far as the grievance made by the petitioner, in respect of shifting of electricity transmission line is concerned, the same is devoid of substance and need not be considered in exercise of extraordinary jurisdiction under article 226 of the Constitution of India.

Writ petition stands rejected.

( VIBHA VASANT KANKANWADI, J. ) (R. M. BORDE, J) vbd