Bombay High Court
Vimal Balkrishna Shelake Ors vs The State Of Maharashtra And Ors on 17 December, 2020
Bench: A. A. Sayed, S. P. Tavade
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42.WP(St).93626.2020.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION (STAMP) NO.93626 OF 2020
Vimal Balkrishna Shelake & Ors. ....Petitioners
Versus
The State of Maharashtra & Ors. ....Respondents
Mr. Vivek Salunkhe for the Petitioners.
Mr. Mahadeo Chaudhary, for Respondent Nos.3 to 12. Mr. A.I. Patel, Addl. GP a//w. Mrs. R. M. Shinde, AGP for the Respondent-
State
CORAM : A. A. SAYED &
S. P. TAVADE, JJ
DATED : 17th DECEMBER, 2020
P.C.:
The Writ Petition has been filed seeking the following reliefs:
"(a) By suitable writ, order or direction this Hon'ble Court may be pleased to direct the Respondent No. 2 to refer to the Civil Court the dispute in respect of entitlement to receive compensation for acquisition of subject lands i.e. the lands mentioned in para 3 (a) of the petition and consequently, be pleased to restrain the Respondent No. 2 from disbursing amount of compensation in respect of acquisition of subject lands mentioned in para 3(a) of the petition"
2. In the entire Petition, the Petitioners have not relied upon any title document to show their entitlement to the subject lands. The Petitioners have only relied upon only one mutation entry, which is in the name of their ancestors and which entry was later deleted in view of sale deed entered into by the Petitioners' ancestors. The subject lands have changed hands repeatedly thereafter; however, the AKN 1/2 ::: Uploaded on - 18/12/2020 ::: Downloaded on - 19/12/2020 01:56:39 ::: 2/2
42.WP(St).93626.2020.doc Petitioners did not challenge the same. All the aforesaid facts have been suppressed in the Writ Petition.
3. In the circumstance, we find that the Petitioners have not approached the Court with clean hands and in any event have not been able to show any semblance of right in the subject lands.
4. The Writ Petition is accordingly dismissed.
(S. P. TAVADE, J.) (A. A. SAYED, J.) AKN 2/2 ::: Uploaded on - 18/12/2020 ::: Downloaded on - 19/12/2020 01:56:39 :::