Rajesh Premsing Rathod v. The State Of Maharashtra Through The Collector And Anothers

2023:BHC-AUG:25749-DB 922-WP-14843-2023.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.14843 OF 2023 RAJESH PREMSING RATHOD

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR AND ANOTHER ....

Mrs. Priyandra G. Sontakke, Advocate h/f Mr. G. K. Sontakke, Advocate for Petitioner Mr. P. K. Lakhotiya, AGP for Respondent - State ....

CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE:06.12.2023 PER COURT :- 1.

The Petitioner was before us in Writ Petition No.1839 of 2023. By order dated 12.07.2023, we directed the Municipal Council, in view of the statement made on its behalf on instructions, that a PTR card would be issued to the Petitioner within 14 days from today. Accordingly, a PTR card has been issued. The Petitioner desires that specific boundaries should be fixed and prays for a boundary certificate.

(( 2 )) 922-WP-14843-2023 2.

The learned AGP vehemently submits that there is no provision under any statute and there is no form prescribed under any rule to issue a document called as 'boundary certificate' . He submits that the Petitioner can approach the Civil Court for the joint measurement of the properties, identification of the boundaries and fixing of the boundaries.

3.

In view of the above, this Petition is disposed off with liberty to approach the Civil Court.

[ Y. G. KHOBRAGADE, J. ] [ RAVINDRA V. GHUGE, J. ] SMS