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Bombay High CourtWP/8850/2015disposed off

Sanjay Ananda Patil v. The State Of Maharashtra And ORS.

2015-09-02Hon'Ble Shri Justice V.L. Achliya,Hon'Ble Shri Justice A.S. Oka1 pages

wp­8850.15.doc pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8850 OF 2015 Sanjay Ananda Patil Petitioner Vs.

The State of Maharashtra and Ors.

Respondents Mr. Bhushan Walimbe, for the Petitioner.

Mr. V.S. Gokhale, AGP, for the Respondent Nos.1 to 3. CORAM : A.S. OKA & V.L. ACHLIYA, JJ.

DATE : 2nd SEPTEMBER, 2015 P.C.

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Not on board. Taken on board.

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The grievance in this Petition under Article 226 of the Constitution of India is that the first to third Respondents are not executing a partition decree. A writ of mandamus is prayed for. Unless the Petitioner approaches the concerned authority and calls upon the authority to perform its duty, a Writ Petition seeking a writ of mandamus cannot be entertained. Accordingly, the Petition is disposed of. We grant liberty to the Petitioner to make appropriate representation before the appropriate authority.

(V.L. ACHLIYA, J ) (A.S. OKA, J )