Mahesh Deshraj Grover v. State Of Maharashtra, Thr. Collector Nagpur And Others

2023:BHC-NAG:12584-DB 934.WP.3991.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.3991 OF 2022 (Shri Mahesh Deshraj Grover Vs. State of Maharashtra and ors.) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Ms M. Zunke, Advocate for the petitioner.

Shri S.M. Ukey, Addl.G.P. for the State.

Shri B.G. Kulkarni, Advocate for R.No.5.

CORAM

:

AVINASH G. GHAROTE & URMILA JOSHI-PHALKE , JJ.

DATED :

AUGUST 23, 2023 Heard.

2.

Learned Counsel for the petitioner submitted that Plot Nos.38 and 39 are not affected by acquisition or the construction of pipeline. She claimed that some part of Plot No.40 is affected due to the acquisition for Ring Road. She further submitted that the petitioner was present at the time of joint measurement. The award passed by the Land Acquisition Officer nowhere discloses that any part of plot No.40 is affected. Due to said acquisition at this stage, nothing is on record to show that the part of plot no.40 is affected. After considering the entire submissions, it reveals that the submission made by the learned Counsel for the petitioner requires evidence and that can be done before the Civil Court.

934.WP.3991.22.odt 3.

In view of that, the petitioner free to approach to the Civil Court in the above circumstances. 4.

The writ petition is dismissed.

(URMILA JOSHI-PHALKE, J.) (AVINASH G. GHAROTE ,J.) *Divya