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Bombay High CourtWP/1353/2021dismissed

Gambhir S/O. Bulaji Ghatte v. State Of Maharashtra, Thr. Executive Engineer, Public Work Dept., Khamgaon And Others

2021-03-15Hon'Ble Shri Justice Sunil B. Shukre,Hon'Ble Shri Justice Avinash G. Gharote2 pages

10wp 1353.2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition No. 1353/2021 Gambhir s/o Bulaji Ghatte ..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__________________________________________________________ Shri S.I. Ghatte, Advocate for the petitioner Ms. Kalyani R. Deshpande, AGP for respondent nos. 1, 2 and 5/State CORAM : SUNIL B. SHUKRE AND AVINASH G. GHAROTE, JJ.

DATED : 15/03/2021 Hearing was conducted through Video Conferencing and all the learned Advocates agreed that the audio and visual quality was proper.

2.

Heard learned Advocate for the petitioner.

3.

The grievance of the petitioner is that respondent nos. 1 and 2 are constructing a bus-stop in such a manner as it is causing obstruction to the petitioner by blocking his right of access to his property. This grievance indicates nothing but civil dispute, which would have to be adjudicated by Civil Court of competent jurisdiction. This is not a case wherein rights of the parties

10wp 1353.2021.odt are already crystalised. Thus, the petition is not maintainable and hence, dismissed as not maintainable with liberty to approach the Civil Court keeping all questions open.

JUDGE JUDGE SMGate