The Jansewa Co-Operative Housing Society Ltd., Thr. Secretary, Madhukarrao Dhoke v. State Of Maharashtra, Thr. Secretary, Revenue And Forest Department, Mumbai And Others

2025:BHC-NAG:3994-DB 1 920.WP.5816-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 5816 OF 2024 ( The Jansewa Co-Operative Housing Society Ltd., Thr. its Secretary Shri Madhukarrao Dhoke Vs.

State of Maharashtra, Thr. its Secretary Revenue and Forest Department, Mantralaya, Mumbai & Ors. ) Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S.T. Khan, Advocate for the Petitioner.

Mr. J.Y. Ghurde, AGP for the Respondent Nos. 1 & 2/State. Mr. S.M. Puranik, Advocate for the Respondent No.3. Mr. D.K. Sharma, Advocate for the Respondent No.4. CORAM: AVINASH G. GHAROTE AND ABHAY J. MANTRI, JJ.

DATED : 16th APRIL, 2025 1.

Heard.

2.

It has been brought to our notice, that on the similar subject matter, which is the subject matter of the present Petition, one of the Member of the Petitioner Society has already filed R.C.S. No.225/2023, which is pending before the learned 5th Jt. Civil Judge Senior Division, Nagpur. It would be appropriate, that since the disputed questions are being raised, for the issue to be decided by the Civil Court, which is already seized of the matter, as the Petitioner is already a party defendant in the suit. The Petition is therefore dismissed. No costs.

2 920.WP.5816-2024.odt 3.

Pending application/s, if any, shall stand disposed of accordingly.

(ABHAY J. MANTRI, J.) (AVINASH G. GHAROTE, J.) SD. Bhimte Signed by: Mr.S.D.Bhimte Designation: PA To Honourable Judge Date: 17/04/2025 19:06:44