Naveed Ahmad Basheer Ahmad v. State Of Maharashtra And Another

2025:BHC-AUG:33998-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 14602 OF 2025 Naveed Ahmad Basheer Ahmad

VERSUS

State Of Maharashtra And Another Mr. Zaidi Ali Zeeshan M, Advocate for petitioner Mr. A. M. Phule, AGP for respondent-State

CORAM

: Smt. Vibha Kankanwadi & Hiten S. Venegavkar, JJ.

DATE : 05th December, 2025 PER COURT :- 1.

Present petition has been filed for following reliefs :- B) By issuing appropriate writ or order direct Respondent No. 1 to 2 to avoid registration or any fresh sale or transfer deed in Survey Nos. 8/1, Area 22339 Sq.ft., 8/2, Area 22339 Sq. ft and Survey No. 62 5/2 v area 12507 square feet jointly of same owner Bhavsinghpur chat. Sambajinagar without proper verification of Documents specially Genuine/Ragistered General Power of Attorney. C) By issuing appropriate writ or order set aside all notarized/unregistered and illegal General power of Attorney instruments in respect of aforesaid property. 2.

Heard learned Advocate for the petitioner and learned AGP for respondents. Petitioner says that he is the registered General power of Attorney which has been duly registered on 30.09.2004 from one Mrs. Sultana Habib Ahmad in his favour which is in respect of Survey Nos. 8/1 and 8/2 Joint Owner of G. D. Ghoshe situated at Bhavsinghpura Chhatrapati Sambhajinagar. It is stated that one Mr. Abdul Gaffar Abdul Wahed without any registration relating to the power of attorney has 921-WP-14602-2025.odt

started selling the plots from the same survey numbers. It is stated that it is on the basis of 2 forged and bogus Notarized Power of Attorney and according to the petitioner the people in the area have become panic in respect of sell of the property. According to the petitioner, he has filed report with City Chowk Police Station, Economic Offence Wing and Police Commissioner office regarding the illegal sale of the plots through Mr. Abdul Ghaffar Abdul Waheb. Petitioner also states that he has filed the Power of Attorney in R.C.S No. 1054/2023. When he approached the Sub Registrar for not to register the sale deeds executed through Mr. Abdul Gaffar Abdul Wahed, cognizance has not been taken and, therefore, he has approached this Court.

3.

First and foremost fact that is required to be noted is that the petitioner is not party in R.C.S No. 1054/2023. According to the petitioner, there are certain observations of the Civil Court in his favour. Now, it appears that if at all there is any dispute regarding the execution of the power of attorney, it is for him to raise it before appropriate Court. It cannot be by way of writ jurisdiction of this Court. In fact, we ought to have impose heavy cost on the petitioner for filing such bogus petition. However, we are restraining ourselves but, in appropriate case if it is filed by the petitioner again, we may impose such cost. 4.

Writ petition stands dismissed at the threshold. (Hiten S. Venegavkar, J.) (Smt. Vibha Kankanwadi, J.) B. S. Joshi 921-WP-14602-2025.odt