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Bombay High CourtWP/1869/2025dismissed

Mr. Ramesh S/O. Dagdu Chankhore v. The Collector, Buldhana And ORS.

2025-04-05Hon'Ble Shri Justice Anil L. Pansare2 pages

2025:BHC-NAG:3543 907-WP-1869-2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 1869 OF 2025 (Mr. Ramesh s/o Dagdu Chankhore Vs. The Collector, Buldhana & Ors.) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. Nikhil Valesha, Counsel for the petitioner. Mr. S.B. Bissa, A.G.P. for respondent nos. 1 and 2/State. Mr. N.B. Kalwaghe, Counsel for respondent nos. 3 and 4/ caveators.

.....

CORAM : ANIL L. PANSARE, J.

APRIL 5, 2025 The petition arises out of an order passed by the First Appellate Court refusing to grant injunction to the petitioner - original plaintiff. The effect of the order is that the possession of the petitioner is not protected. 2] The learned Counsel for respondent nos. 3 and 4/caveators submits that on 10/3/2025, the encroachment made by the petitioner has been removed and possession taken back by Gram Panchayat.

3] The learned Counsel for the petitioner is not disputing the aforesaid status.

4] If that be so, the learned Counsel for the petitioner himself should have disclosed this fact to the Court. Having not done so and since the encroachment has been removed and possession taken back by respondent nos. 3 and 4, nothing survives in the petition. 5] The petition is accordingly dismissed. No costs.

(ANIL L. PANSARE, J.)

907-WP-1869-2025 Sumit