Laxmikant Kisanji Giradkar v. The State Of Maharashtra, Thr. Secy., Urban Development Depatment, Mumbai And Others

2025:BHC-NAG:9037-DB

933) WP 5287-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 5287 OF 2025 LAXMIKANT KISANJI GIRADKAR ...Vs...

THE STATE OF MAHARASHTRA, THR. SECY., URBAN DEVELOPMENT DEPARTMENT, MUMBAI AND OTHERS Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Shri G.K.Mundhada, Advocate for petitioner through V.C. Shri N.S.Rao, AGP for respondent(s)/State.

CORAM: ANIL S. KILOR AND RAJNISH R. VYAS, JJ.

DATED : 12th SEPTEMBER, 2025.

In view of the prayers made in the petition for direction to handover the possession of the land in question by the respondents or in the alternative, pay the compensation to the petitioner, there is no material filed on record to show that, the possession was taken or the land has acquired without paying the compensation. 2.

The petitioner is relying upon the certain maps. The maps cannot be the evidence to show that, the possession was taken and the compensation was not paid. 3.

Thus, we find that, there is no sufficient material produced on record, moreover disputed questions of fact are involved, which can only be decided after leading the evidence. Therefore, the petition is not maintainable. Accordingly, it is disposed of with liberty to the petitioner to avail the appropriate remedy as available under the law. (RAJNISH R. VYAS, J.) (ANIL S. KILOR, J.) B.T.K.