Madhukar S/O Gajanan Kamde And Another v. State Of Maharashtra Through Secretary Rural Development Department, Mumbai And Others

WP3840-17 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 3840/2017 (MADHUAKR GAJANAN KAMDE & ANOTHER 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 G.N. Khanzode, counsel for petitioners.

Shri A.M. Joshi, A.G.P. for R-1 & 2.

Shri V.N. Morande, counsel for R-3.

CORAM : A.S. CHANDURKAR AND VINAY JOSHI, JJ. DATE : JANUARY 27 , .

The petitioners claim compensation for the alleged acquisition of land admeasuring 0.25 R by the respondent no.3Municipal Council. According to the petitioners, without acquiring that land the same has been utilized for construction of a road. It is the case of the petitioners that they are entitled for market value of land admeasuring 0.25 R.

On behalf of the respondent no.3, reference is made to the application dated 25.04.2016 issued by the petitioner no.2 in which it is stated that 0.8 R land is taken up by the Municipal Council while the petitioners are in possession of 0.25 R land. We find that there are various disputed questions that arise and the adjudication of those disputed questions would not be permissible in writ jurisdiction. The petitioners are free to approach the Civil Court for redressal of their grievance and for seeking appropriate relief. Keeping all questions open, the writ petition is dismissed. No costs.

(VINAY JOSHI, J.) (A.S. CHANDURKAR, J.) APTE