Sheshrao Ramrao Bahatare v. The State Of Maharashtra Through Principal Secretary And Others

2024:BHC-AUG:29787-DB 1 939.WP-13628-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 13628 OF 2024 SHESHRAO RAMRAO BAHATARE

VERSUS

THE STATE OF MAHARASHTRA THROUGH PRINCIPAL SECRETARY AND OTHERS ...

Advocate for the Petitioners : Mr. Dhage Vaibhav B. AGP for Respondents/State : Mr. S.S. Dande Advocate for Respondent no.3 : Mr. Ravi R. Bangar ...

CORAM : S. G. MEHARE AND SHAILESH P. BRAHME, JJ.

DATE : 13th DECEMBER 2024 PER COURT :

.

Heard the learned Counsel for the petitioner. 2.

The petitioner is claiming the right in the property acquired. To prove his title, claim and share in the property, he has filed civil suit in which he has sought declaration that he is the owner of the land acquired. He has also impugned the will deed that goes to show that the property acquired was disposed of by testimony instrument. He has also made respondent no.3 as a party in the suit and also sought the injunction against him that should disburse the amount. Prima facie, the title and right of the petitioner in the land acquired is under the shadow of doubt.

3.

In the circumstances, we feel it appropriate not to issue directions to the respondent no.3. Relief which the petitioner is

2 939.WP-13628-2024.doc seeking, has already been seized with the Civil Court. There cannot be two simultaneous proceedings for the same relief. Hence we dismissed the petition without issuing notices to the respondents. [ SHAILESH P. BRAHME, J.] [ S. G. MEHARE, J.] Najeeb..