Ashok S/O. Ramchandra Khadse v. State Of Maharashtra Thr. Secretary, Dept. Of Revenue And Forest, Mumbai And Others

WP2169-16 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 2169/2016 (ASHOK RAMCHANDRA KHADSE VERSUS STATE OF MAHARASHTRA & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.K. Madane, counsel for the petitioner. Shri N.R. Rode, A.G.P. for the R-1 to 5.

CORAM : SMT.VASANTI A. NAIK AND V.M. DESHPANDE, JJ.

DATE : APRIL 7 , 2016.

The only prayer made by the petitioner in this writ petition is for a direction to the respondent no.5-Tahsildar to remove the illegal encroachment made by the persons that are not joined as parties to this writ petition on Ambada - Khadala Road. We find that the relief sought by the petitioner cannot be granted in exercise of the writ jurisdiction. On a reading of the documents annexed to the writ petition, it appears that disputed questions of facts arise in this writ petition. It would be necessary for the petitioner to take up appropriate proceedings for seeking the relief claimed.

Hence, we dispose of the writ petition with no order as to costs.

The points raised in the petition are kept open. JUDGE JUDGE APTE