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1996 Supreme(Bom) 361

N.D.VYAS, S.S.NIJJAR
Anna Shankar Walvekar – Appellant
Versus
State of Maharashtra and others – Respondent


JUDGMENT -N.D. VYAS, J.:---As the facts and the questions involved in both the writ petitions are common, they have been directed to be heard together. By this common Judgment, both the writ petitions are disposed of. By Writ Petition No. 5960 of 1988 under Article 227 of the Constitution of India, the petitioner has challenged the Judgment and Order of the Civil Judge, Junior Division, Kolhapur, dated 5th July 1988 whereby petitioner's Execution Application was dismissed and he has also prayed for setting aside of the order passed by the State of Maharashtra dated 1st October, 1984 in its Urban Development Department and has prayed for restoration of the order dated 31st March, 1984 passed by the same department earlier. By Writ Petition No. 173 of 1989 under Article 226 of the Constitution of India, the petitioner has again prayed for quashing and setting aside the said order dated 1st October, 1984 and also prayed for quashing the communication dated 16th July, 1986 received from the said Department of the State of Maharashtra. From the above, it is apparent that even some of the reliefs prayed for are common.

2.The petitioner claims to be the owner of Revision Survey No. 633-B,















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