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Bombay High CourtWP/300/2016rejected at admission stage

Rajaram Kishan Raikar v. The State Of Maharashtra And Others

2016-01-12Hon'Ble Shri Justice R. M. Borde,Hon'Ble Shri Justice A. I. S. Cheema1 pages

wp300.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO. 300 OF 2016 Shri Rajaram s/o Kishan Raikar .. PETITIONER

VERSUS

The State of Maharashtra & others .. RESPONDENTS Mr. V.D. Sapkal, advocate for petitioner.

Mr. A.B. Girase, GP for the State.

===== CORAM : R.M. BORDE & A.I.S. CHEEMA, JJ.

DATE : 12th JANUARY, 2016.

PER COURT :

1.

Petitioner is making grievance in respect of taking over possession of land belonging to him in the year 1955. It would be too late to take up issue for consideration after lapse of more than 65 years from the date of accrual of cause of action. Apart from this, petition raises several disputed questions of fact which need to be investigated and, in exercise of extra ordinary jurisdiction under Article 226 of the Constitution of India, disputed factual aspects need not be dealt with more so after lapse of more than 65 years from the date of accrual of cause of action. Petition is devoid of substance hence stands rejected.

( A.I.S. CHEEMA ) ( R. M. BORDE ) JUDGE JUDGE dyb