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Bombay High CourtWP/854/2016others disposed off

Shri. Rohitdas Meena Bahadursingh And Another v. Superintendent Of Police Yavatmal And Anotehr

2017-10-06Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Mrs. Justice Swapna Joshi2 pages

Order 0610wp854.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION No. 854/2016.

Rohitas Meena Bahadursingh and another.

-VERSUSThe Superintendent of Police, Yavatmal and another. Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

CORAM : B.P. DHARMADHIKARI & MRS. SWAPNA JOSHI, JJ.

DATE : OCTOBER 06, 2017.

Heard Shri P.S. Wathore, learned Counsel for petitioners and Mrs. K.S. Joshi, learned A.P.P. for respondent nos. 1 and 2. None for respondent no.3. 2.

Wrong mention of survey number in saledeed has come to notice only when petitioners went to revenue office for mutation. Facts show that thereafter, when they approached their vendor for executing necessary correction deed, vendor has not cooperated.

3.

Though in the petition filed before this Court there is a statement that petitioners were not allowed in the vicinity of village Kumbha, by owner

Order 0610wp854.16 and owner has become tress-passer after execution of the sale deed and delivery of possession, such a grievance has not been made in the alleged police complaint.

4.

After execution of sale deed, purchaser will definitely go to the field first and if there is any obstruction at that juncture, he will immediately lodge appropriate protest. Here the protest has surfaced after request of mutation was not entertained. 5.

We therefore, find that the dispute appears to be essentially of civil nature. Hence, without prejudice to rights and contentions of petitioners in the matter and expressly clarifying that these observations are only for the purpose of adjudication of the present controversy, we dispose of the present petition. No costs.

JUDGE JUDGE Rgd.