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WP-3456-2022+

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO. 3456 OF 2022

ALONG WITH

WRIT PETITION NO. 3457 OF 2022

ALONG WITH

WRIT PETITION NO. 3458 OF 2022

ALONG WITH

WRIT PETITION NO. 3459 OF 2022

ALONG WITH

WRIT PETITION NO. 3460 OF 2022

ALONG WITH

WRIT PETITION NO. 3461 OF 2022

Raosaheb s/o Pundlikrao Bhavar

PETITIONER

VERSUS

The Divisional Joint Registrar and Others

RESPONDENTS

.......

Mr. S.B. Deshpande i/b. Shreyas S. Deshpande Advocate for the

petitioner.

Mr. S.N. Kendre, AGP for respondent – State.

Ms. Maya R. Jamdhade, Advocate for Respondent No. 3.

.......

[CORAM : NITIN B. SURYAWANSHI, J.]

RESERVED ON: 6

^th APRIL, 2022.

PRONOUNCED ON: 6

^th JUNE, 2022.

JUDGMENT :

1.

Rule. Rule made returnable forthwith. Heard with the

consent of parties.

Bhagyawant Punde

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WP-3456-2022+

2.

Since all these petitions raise similar question of fact and

law, they were heard together and are being decided by this common

judgment. For convenience, facts of Writ Petition No. 3456/2022 are

taken up for adjudication.

3.

The Petitioner allegedly purchased land admeasuring 40R

in Gut No. 417/1, situated at village Nivdunga, Tal. Jafrabad, District

Jalna (hereinafter referred to as ‘suit property’) by way of registered sale

deed No. 2084/2018 for consideration of Rs. 1,50,000/-. Pursuant to

the said transaction his name was mutated in 7/12 extract as owner and

possessor vide Mutation Entry No. 3080. According to the petitioner,

Respondent No. 3 was interfering in the peaceful possession of the

petitioner over the suit property. Hence, the petitioner filed Regular

Civil Suit No. 147/2018 before learned Civil Judge, Junior Division,

Jafrabad for grant of permanent injunction. The suit is pending and is

at the stage of hearing. In the said suit application Exhibit-5 filed by

the petitioner was dismissed by the trial Court. However, same is

allowed by the District Court vide order dated 18.06.2019 passed in

Miscellaneous Civil Appeal No. 24/2019.

Bhagyawant Punde

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4.

Writ Petition No. 2878/2019 filed by Respondent No. 3

in this Court, challenging the order passed in Miscellaneous Civil

Appeal No. 24/2019 came to be dismissed as withdrawn by order dated

28.02.2019.

5.

The Respondent No. 3 filed complaint to Respondent No.

2 on 21.08.2018 under section 18 of the Maharashtra Money Lending

(Regulation) Act, 2014 (for short ‘said Act’) alleging that the petitioner

is indulging in illegal money lending business. According to the

petitioner said complaint was inquired by Assistant Registrar, Co-

operative Societies, who submitted a report to Respondent No. 2

stating that though Respondent No. 3 was repeatedly called upon to

submit evidence and documents in respect of money lending

transaction of the petitioner, he failed to do so. The Respondent No. 2,

therefore, closed the complaint filed by Respondent No. 3 holding that

it appears that the Respondent No. 3 is not interested in prosecuting

the complaint.

6.

The Respondent No. 3, thereafter, filed application before

the Respondent No. 2 on 11.02.2019 seeking a declaration that

Bhagyawant Punde

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registered sale deed No. 2084/2018 of the suit land is a money lending

transaction and the suit land be declared to be owned and possessed by

Respondent No. 3. The said application was numbered as Money

Lending Case No. 09/2019 and was entertained by Respondent No. 2.

7.

The petitioner resisted the said application by filing a

detail say and sought for dismissal of said application. Some interim

orders of issuance of directions to the Tahsildar to ascertain the

possession of the suit land by Respondent No. 2 passed in the said

proceedings, those were challenged by the petitioner by filing Writ

Petition No. 7680/2020 (Writ Petitions No. 7678/2020, 7679/2020,

7681/2020, 7441