LAWS(BOM)-2023-4-81

SALIM NAIM KHAN Vs. STATE OF MAHARASHTRA

Decided On April 11, 2023
Salim Naim Khan Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Rule. Dr.Sathe, learned Senior Counsel waives service for Respondent No.4 in both Petitions. Ms. Sagvekar waives service for Respondent No.5 in both Petitions. Mr. Patel waives service for the State. By consent of the parties, Rule made returnable forthwith and heard finally.

(2.) The Petitioners in Writ Petition No. 4858 have prayed for a writ of certiorari, order and/or direction for quashing and setting aside the impugned Award dtd. 18/2/2016 passed by the learned Competent Authority in respect of Survey No. 84 Part (area admeasuring 723.75 sq.mtrs.), Survey No. 85 Part (area admeasuring 8850 sq.mtrs.) and Survey No. 93 (area admeasuring 540 sq.mtrs.).

(3.) Civil Application No.1545 of 2019 is filed by the Applicants claiming to be trustees, inter alia, praying for intervention in this Writ Petition on the ground that the erstwhile owners had transferred the writ property in the name of the intervenors' trust and thus, any order, if passed in favour of the Petitioners would prejudice the rights of the Applicants.