Kishan Eknath Korke v. The State Of Maharashtra And Others

(1) 85-wp-3030-2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 85 WRIT PETITION NO.3030 OF 2019 KISHAN EKNATH KORKE ..PETITIONER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS ...

Mr. R. K. Ashtekar, Advocate for the Petitioner. Mr. S. G. Karlekar, AGP for Respondents-State. Mr. Vijay G. Sakolkar, Advocate for Respondent No.6.

...

CORAM : S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

DATED : 04th FEBRUARY, 2020.

PER COURT:- 1.

The petitioner seeks directions to initiate enquiry and take action against the concerned persons as per the letter dated 03.09.2018 issued by the Collector. According to the learned counsel, the directions were given to make an enquiry and submit the report. The respondents are sitting tight over it. The illegal transaction has been entered into between the respondent nos.6 and 7. The incorrect boundaries are given in the sale deed.

2.

Mr. Karlekar, learned A.G.P. submits that enquiry was conducted. The respondent no.2 has conducted detailed enquiry and submitted the report by communication dated 04.12.2019. It is found

(2) 85-wp-3030-2019 that the dispute or complaint against the respondents cannot be entertained under Section 82 and 83 of the Indian Registration Act, 1908.

3.

If there are disputes with regard to the boundaries / ownership, the same can be settled before the Civil Court. The respondent no.2 has also opined that the dispute raised would not be within the purview of respondent no.2.

4.

In case, the petitioner has any grievance of the communication from respondents and/or about the boundaries / ownership, the petitioner may take appropriate steps in that regard.

5.

Writ Petition accordingly disposed of. No costs.

(SHRIKANT D. KULKARNI) (S. V. GANGAPURWALA) JUDGE JUDGE Devendra/February-2020