Mrs. Jyoti P. Jadeja And ANR v. Mr. Rahel Novel Pawar And ORS

DSS 67-wp-4038-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4038 OF 2015 Mrs. Jyoti P. Jadeja and anr.

.. Petitioners vs.

Rahel N. Pawar and ors.

.. Respondents Mr. Udaipuri for the Petitioners.

Mr. S.D. Rayrikar, AGP for Respondent Nos.8 to 10 CORAM :

M. S. SONAK, J.

DATE : 16 NOVEMBER 2015.

P.C. :- 1] The challenge in this petition is to the order dated 24 June 2014 made by the Dy. Director of Land Records under the provisions of Maharashtra Land Revenue Code, 1966 (Code). Admittedly, the said order has been made under Section 247 of the Code. 2] Section 257 of the Code provides that the State Government and any Revenue or Survey Officer, not inferior in rank to the Assistant or Dy. Collector, or Superintendent of Land Records, in their respective departments, may call for and examine the record of any inquiry or the proceedings of any subordinate Revenue or Survey Officer, for the purpose of satisfying itself or himself, as the case may be, to the legality or propriety of any decision or order passed, and as to the regularity of the proceedings of such officer. 1/2

DSS 67-wp-4038-15 3] From the aforesaid, it is clear that the remedy of Revision under Section 257 of the Code is available to the Petitioners against the order dated 24 June 2014 made by the Dy. Director of Land Records. In view of the availability of alternate and efficacious remedy, there is no reason to entertain the present petition. 4] Accordingly, this petition is dismissed on the ground of availability of alternate remedy to the Petitioners. Needless to add, therefore, that the Petitioners shall be entitled to agitate all the grounds raised in this petition before the Revisional Authority, should the Petitioners chose to invoke the revisional jurisdiction under Section 257 of the Code.

5] With the aforesaid observations, this petition is disposed of. There shall be no order as to costs.

(M. S. SONAK, J.) dinesh 2/2