BALASAHEB Vs. LAND TRIBUNAL CHIKODI

JUDGEMENT

(1.) THIS WRIT PETITION IS FILED BY THE PETITIONER PRAYING TO ISSUE A WRIT OF MANDAMUS FOR PASSING FRESH ORDERS ON THE CLAIM OF RESPONDENTS 3 TO 5 BY MENTIONING THE BOUNDARIES TO WHICH THEY ARE ENTITLED FOR THE OCCUPANCY RIGHTS. IT IS VERY PERTINENT TO NOTE THE RELIEF THAT HAS BEEN SOUGHT IN THIS WRIT PETITION IN ORDER TO FIND OUT WHETHER SUCH A RELIEF CAN BE GRANTED BY THIS COURT.

(2.) I HAVE HEARD THE LEARNED COUNSEL FOR THE PETITIONER AND ERUSED THE RECORDS OF THE CASE. I HAVE ALSO HEARD THE LEARNED ADDITIONAL GOVERNMENT ADVOCATE.

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