Suresh S/O Manoharlal Suri v. The State Of Maharashtra Ministry Of Home Mantralaya Mumbai And 5 Other

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO.804 OF 2024 Shri Suresh S/o Manoharlal Suri .Vs. State of Mah., and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri M. Anilkumar, Adv. With Yash Kullarwar, Adv. for petitioner. Shri J.B. Kasat, Advocate for respondent No.6. Shri A.B. Badar, A.P.P. for respondent Nos.1 to 4/State. CORAM : VINAY JOSHI AND SANJAY A. DESHMUKH, J.J.

DATED : 08/10/2024 1.

The petitioner claims to be the owner of piece of land situated to the eastern side of north south road. The petitioner is aggrieved by permission granted by the respondent No.6 - Municipal Corporation to the respondent No.5 - Sanstha for installation of Pandol to the west side of the north south road. The petitioner expressed that the members of respondent No.5 - Sanstha would commit illegal trespass on the petitioner's land and therefore, seeks for cancellation of permission and prevent the illegal activities at the hands of members of the respondent No.5.

2.

The petitioner has filed an applications to the Police on 01.10.2024 and 07.10.2024 but according to the petitioner, no action has been taken. Though the petitioner seeks to restrain the members of respondent No.5 from C.L. Dhakate

1.wp.804.24.odt entering into the petitioner's land, such relief cannot be granted under writ jurisdiction. The petitioner has already approached to the Police. In the circumstances, we direct the concerned Police to consider the petitioner's both applications and act in accordance with law.

3.

The petition shall stand disposed of in above terms.

(SANJAY A. DESHMUKH, J.) (VINAY JOSHI, J.) C.L. Dhakate