Bombay High CourtWP/515/2016others disposed off

Yadorao S/O Maniram Meshram And Another v. The State Of Maharashtra, Thr. Secretary Of Home Department, Mumbai And Others

2016-12-07Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Kum. Justice Indira Jain3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL WRIT PETITION NO.515 OF 2016 Yadorao S/o Maniram Meshram and anr ..vs..

The State of Maharashtra, thr Secretary of Home Department, Mantralaya, Mumbai and ors ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... Shri B.W. Patil, counsel for the petitioners. Shri T.A. Mirza, Addll.P.P. for the respondents/State.

CORAM

: B.P. DHARMADHIKARI & KUM. INDIRA K. JAIN, JJ.

DATED : DECEMBER 7, 2016.

Heard learned counsel Shri B.W. Patil for the petitioners and learned Additional Public Prosecutor Shri T.A. Mirza for the respondents/State.

We have perused the reply.

Learned counsel Shri B.W. Patil for the petitioners submits that the land-owner withdrew the civil suit and, as such, the petitioners continued in possession of the suit premises as tenants. The premises were, thereafter, highhandedly demolished and all belongings/articles of tenants have been removed by the land-owner.

Learned Additional Public Prosecutor Shri .....2/-

T.A. Mirza for the respondents/State submits that demolition is by the Gram Panchayat as the shop blocks were dilapidated.

In this situation, we find that, at least for the present, no offence is made out. The tenants have already filed the suit for restoration of possession and for damages. They are entitled to raise all contentions in that suit.

Hence, living all rival contentions open and with liberty to the petitioners to take such other steps as are open to them in law, we dispose of the present criminal writ petition. No costs.

JUDGE JUDGE !! BRW !!

.....3/-

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