Yakub Baig Trust Panvel Thr. Its Chief Trustee v. Gana Mahadu Gaikar And ORS

13-wp3497-2024.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3497 OF 2024 Yakub Baig Trust, Panvel through its Chief Trustee ... Petitioner V/s.

Gana Mahadu Gaikar & Ors.

... Respondents Digitally signed by ATUL GANESH KULKARNI Date:

2024.03.12 16:15:29 +0530 ATUL GANESH KULKARNI Mr. Rajiv Patil, Senior Advocate with Mr. Sachin S. Punde for the petitioner.

Ms. Tanvi Kamat Deosthale i/by Mr. Mandar Limaye for respondent No.1.

Mr. R.S. Pawar, AGP for respondent No.5/State. CORAM : AMIT BORKAR, J.

DATED : MARCH 12, 2024 P.C.:

1.

Learned advocate for respondent No.1 seeks time. 2.

Prima facie it appears that the petitioner has certificate issued under Section 88B having result of exclusion of Sections 32 to 32R of the Maharashtra Tenancy and Agricultural Lands Act, 1948. However, prima facie the proceedings are under Section 32G. Once certificate is issued under Section 88B, prima facie such order under Section 32G could not have been passed. 3.

Stand over to 19 March 2024.

13-wp3497-2024.doc 4.

Till 19 March 2024, there shall be ad-interim relief in terms of prayer clause (f).

(AMIT BORKAR, J.)