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Bombay High CourtWP/7294/2025dismissed

Lalchand S/O Mohan Upwanshi v. District Collector, Gondia And Others

2025-11-25Hon'Ble Shri Justice Prafulla S. Khubalkar2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition No.7294/2025 Lalchand v District Collector, Gondia and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------------------- Mr. N.R. Tekade, Advocate for petitioner.

Mr Autkar, AGP for resp. nos.1 and 2.

CORAM : PRAFULLA S. KHUBALKAR , J.

DATE : 25-11-2025.

Heard learned Counsel for the petitioner.

2.

Petitioner's challenge is to the orders passed by the trial Court and appellate Court, rejecting the temporary injunction application filed by the petitioner. Learned Counsel for the petitioner submits the petitioner is in possession of the property bearing Gat No.74 (House No.446) on which the petitioner is running a timber mart. Petitioner submits that despite the observation of the Talathi in the panchanama dated 12-06-2024 about possession of the petitioner over the said property, temporary injunction is refused and the petitioner now apprehends disturbance to his possession. It is pointed out that the Tahsildar, Gondia has already issued letter dated 20-11-2025 for taking over the possession from the petitioner on 25-11-2025 and therefore an interim relief is prayed for. It is also pointed out that during the pendency of the Misc. Civil Appeal the petitioner's possession was protected by virtue of an interim order dated 23-09-2024 which was continued from time to time till the decision of the Misc. Civil Appeal.

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In view of this, issue notice to the respondents, returnable after four weeks.

4.

Learned AGP waives service of notice on behalf of respondent nos.1 and 2.

5.

In the meantime, parties are directed to maintain status quo as regards the petitioner's possession.

(Prafulla S. Khubalkar , J.

) Deshmukh Signed by: Mr. S.Deshmukh Designation: PS To Honourable Judge Date: 27/11/2025 14:29:29