0707wp1702.11.odt 1 THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO.1702 OF 2011. Bhartiya Seva Sadan ..vs.. Mohd.Iliyas Ahmad and ors. ............................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ............................................................................................................................................................... Mr.A.C.Dharmadhikari, Advocate for the petitioner. Mr.S.C.Mehadia, Adv. for the respondent nos.1 & 2. Mr.C.A.Joshi, Advocate for the respondent no.3. CORAM : R.M.SAVANT, J. DATED : 7th July, 2011. 1. This petition takes exception to the order dated 31/3/2011 passed by the learned IInd Joint Civil Judge (Sr.Dn.), Akola, by which the application filed by the petitioner herein for measuring the lands in question which are covered by the said application, Exh.118, was allowed. 2. The above petition has come up for admission on 8th April, 2011 when this court had prima facie found that there was nothing wrong with the impugned order dated 31/3/2011 directing the measurement of the plots mentioned in the operative part, so as to make the picture clear and to consider the encroachment by the parties. However, it appears on a reading of the said order, that on the insistence of the learned counsel for the petitioner, a notice came to issued to the respondents so as to consider whether the respondents are 0707wp1702.11.odt 2 agreeable for measurement of the suit property only. 3. This petition has been heard from time time. During the course of hearing of the above petition, the learned counsel for the petitioner prayed that the measurement be restricted only to Nazul plot No.23/1, Sheet No.66, as, according to the petitioner, the measurement of the said land alone is necessary and sufficient in the case. To this, the learned counsel appearing for the respondents nos.1 and 2 Shri Mehadia and for the respondent no.3 Shri C.A.Joshi have no objection subject to the caveat that the same would be at the risk and cost of the petitioner. 4. Whilst confirming the impugned order dated 31/3/2011, in view of the statement made by Shri Dharmadhikari, which also finds a place in the pursis St.No. 5944 of 2011, this court directs that the measurement would be restricted to Nazul Plot No.23/1, Sheet No.66 and the same would be at the risk and cost of the petitioner. The learned counsel Shri A.C.Dharmadhikari states that the petitioner would apply to the District Inspector of Land Record, Akola within a period of two weeks from date for such measurement. If such an application is received, the District Inspector of Land Records may expeditiously carry out the measurement subject to the Petitioner’s fulfilling the conditions that may be required to be complied with in that regard. With the aforesaid observations the Writ Petition is disposed of. JUDGE chute 0707wp1702.11.odt 3