1

1231.22WP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

58 WRIT PETITION NO.1231 OF 2022

SAJIDODDIN SARFODDIN BADGUJAR

VERSUS

THE DISTRICT COLLECTOR NANDED & OTHERS

...

Advocate for the petitioner : Mr.A.V.Patil Indrale

AGP for Respondent-State : Mr.S.P.Tiwari

…

CORAM : S.V.GANGAPURWALA &

S.G.DIGE, JJ.

DATE : 24.01.2022

P.C. :

1]

The application filed by the petitioner for

revocation of the permission granted in favour of the

present respondents is rejected. The petitioner had resorted

to the remedy under Section 51 of the Maharashtra

Regional and Town Planning Act.

2]

We have heard Mr.A.V.Patil, learned counsel for

the petitioner.

3]

It appears that Civil Suit i.e. Regular Civil Suit

No.38/2015 is pending between the petitioner and some

persons, who are claiming to be the owners of part of the

property over which construction is being made allegedly by

respondent nos.5 to 7.

2

1231.22WP

4]

It is not disputed by the petitioner that property

on which the construction is being made and the petitioner

claims to be the owner, is subject matter of Regular Civil

Suit No.35 of 2018. The present respondent nos.5 to 7 are

not party to the suit, but original owners of some of the

plots are the parties.

5]

As the civil suit is already pending with regard

to the same property, it would not be appropriate for this

court to entertain this Writ Petition. The petitioner may

claim relief in the pending suit or by filing fresh proceeding

as may be permissible under law.

6]

In that event, all contentions of the respective

parties are kept open. Writ Petition is disposed of. No costs.

[S.G.DIGE, J.]

[S.V.GANGAPURWALA, J.]

DDC