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Bombay High CourtWP/6893/2019dismissed

Sachin S/O Prakash Panbhare v. Collector, Washim And Others

2022-01-05Hon'Ble Shri Justice Rohit Baban Deo2 pages

1 w.p. 6893.2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

Writ Petition No. 6893 of 2019 [Sachin s/o Prakash Panbhare ..vs.. Collector, Washim and ors.] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A. V. Band, Advocate for the petitioner Mr. D. P. Thakre, Addl. G. P. for respondents 1 to 3 Mr. S. S. Dhengale, Advocate for respondent 4 CORAM : ROHIT B. DEO, J.

DATED : 5 -1-202 The petitioner is assailing the order dated 3-11-2018 rendered by the Additional Collector, Washim in Revenue Appeal M.R.C.-81/Seloo Khurd/04/2018-19 preferred by respondent 5 whereby the order dated 7-7-2018 rendered by the Sub Divisional Officer (SDO), Mangrulpir in R.M.C. M.R.C.-81/19/2017-2018 is stayed.

2.

Perusal of the order impugned reveals that the learned Additional Collector has stayed the order of the SDO directing removal of alleged encroachment on open space in Survey 2/1 on the ground that the said order is passed behind the back of the affected parties. 3.

Apart from the fact that the order impugned is an interim order which is operating since 2018, the petitioner has alternate statutory remedy.

2 w.p. 6893.2019.odt 4.

I see no reason to interfere in writ jurisdiction. The petition is dismissed.

5.

The petitioner is at liberty to take recourse to such remedies as are available in law. Contentions are left open.

JUDGE wasnik YUVRAJ WASNIK