KARBHARI ABAJI LODHE & Ors. v. THE STATE OF MAHARASHTRA & Ors.
Case at a glance
Provisions considered
Key paragraphs
- Para 33. With these observation, the Writ Petition is disposed of. All contentions on merits are kept open. (S.B.DESHMUKH, J.) (D.B.BHOSALE, J.)
Judgment
WP/3163/2011 KARBHARI ABAJI LODHE AND ORS V/S THE STATE OF MAHARASHTRA AND ORS ... Shri V.D.Hon, Advocate for petitioners and Shri S.N.Kendre, AGP for respondents. ... CORAM : D.B.BHOSALE & S.B.DESHMUKH, JJ Dated : June 16, 2011 ...
In this Writ Petition, the petitioners are seeking the following relief - " (B) Issue a writ of mandamus or writ in the nature of mandamus to the respondent Nos.2 and 3 the Collector, Ahmednagar and the Tahsildar, Shevgaon respectively to implement and execute the order dated 19.10.2007 passed by the Tahsildar, Shevgaon under the provisions of Mamlatdar Courts Act and provide for free access to the petitioners lands through Gat No. 164 and 168 situated at Majleshaha, Tq. Shevgaon, District Ahmednagar. "
We are not inclined to entertain this Writ Petition under Article 226 of the Constitution of India, whereby the petitioners are seeking execution of the order passed by the Mamalatdar under the provisions of the Mamalatdar Courts Act. It is open for the petitioners to seek execution of the said order by following due procedure in law.
With these observation, the Writ Petition is disposed of. All contentions on merits are kept open. (S.B.DESHMUKH, J.)
(D.B.BHOSALE, J.)
Questions this judgment answers
Which statutory provisions did this judgment involve?
Mamlatdar Courts Act; Constitution of India — art. 226; Mamalatdar Courts Act.
Which court decided this case, and when?
Bombay High Court, on 16 Jun 2011. The bench was S B DESHMUKH, D B BHOSALE.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.