Bharat Petroleum Corporation Ltd v. State Of Maharashtra Through Revenue Dept. And ORS

wp-407.16 pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.407 OF 2016 WITH CIVIL APPLICATION NO.81 OF 2016 Bharat Petroleum Corporation Limited ... Petitioner

Versus

State of Maharashtra through Revenue Department and Ors.

... Respondents Mr. A.A. Kumbhakoni, Senior Advocate a/w Mr. Ajay Khaire i/by The Law Point for the Petitioner.

Mr. V.P. Malvankar, AGP 'A' Panel for the Respondent No.1- State. CORAM : A.S. OKA & ANUJA PRABHUDESSAI, JJ.

DATE : 19th JANUARY, 2017 P.C.

Efficacious statutory remedy is available to the petitioner under the Maharashtra Land Revenue Code, 1966. Hence, we decline to entertain this Petition under Article 226 of the Constitution of India. However, remedy of the petitioner is kept open. If the petitioner adopts appropriate remedy, the concerned Revisional Authority is bound to note that the present Petition was filed on 7th January, 2016 and that the same remained pending till today. To

wp-407.16 enable the petitioner to move the Revisional Authority for appropriate ad-interim relief, the protection granted under the order dated 11th January, 2016 to continue for a period of six weeks from today. Pending Civil Application does not survive and the same is disposed of accordingly.

(ANUJA PRABHUDESSAI, J) (A.S. OKA, J)