Fatruddin Ramjan Paik v. Neelappa Revansiddha Nadvin-Angaj And Anotehr

212-wp-1200-1998.doc Shabnoor

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1200 OF 1998 Digitally signed by SHABNOOR AYUB PATHAN Date:

2024.03.15 18:10:11 +0530 SHABNOOR AYUB PATHAN Fatruddn Ramjan Paik ... Petitioner V/s.

Neelappa Revansiddha Nadvin-Angaj & Anr ... Respondents Mr. Tejas Deshmukh, for Petitioner.

Mr. Swapnil P. Kamble, AGP for Respondent No.2.

CORAM

: AMIT BORKAR, J.

DATED : MARCH 15, 2024 P.C.:

1.

The writ petition arises out of proceedings under the provisions of the Maharashtra Land Revenue Code, 1966 carrying out survey. The survey indicated encroachment by respondent No.1.

2.

By the impugned order, respondent No.2 directed the Collector to fix the boundaries as per Section 135 of the Maharashtra Land Revenue Code, 1966. This Court while admitting writ petition recorded statement on behalf of petitioner that he shall file Civil Suit in relation alleged encroachment by respondent No.1. Therefore, rights of the parties shall be decided by the Civil Court.

3.

The writ petition is, therefore, disposed of by clarifying that

212-wp-1200-1998.doc the rights between the petitioner and respondent shall be as the decision of the Civil Court.

4.

With this clarification, the writ petition stands disposed of in above terms. No costs.

(AMIT BORKAR, J.)