Smt. Vithabai Kanu Sambre v. State Of Maharashtra, Through Secretary, Revenue Dept And ORS

wp-6783.14.sxw pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6783 OF 2014 Smt. Vithabai Kanu Sambre ... Petitioner Vs.

State of Maharashtra and Ors.

... Respondents Mr. Rakesh R. Singh, for the Petitioner.

Mr. A.I. Patel, AGP, for Respondent No.1.

Mr. Nitin P. Dalvi, for the Respondent No.6.

CORAM : A.S. OKA & REVATI MOHITE DERE, JJ.

DATE : 8th JUNE, 2015 P.C.

.

Heard the learned counsel appearing for the Petitioner. Apart from the fact that the Petitioner can always establish his title by approaching the Civil Court, the remedy of filing the Second Revision is available against the order dated 15th November, 2000 passed by the Additional Commissioner of Kokan Division, Mumbai provided the Petitioner satisfies the Second Revisional Authority about the delay. 2.

As far as the relief sought against the private Respondent i.e. the Respondent No.6 is concerned, the Petition itself discloses that a Civil Suit filed by the Respondent No.6 in respect of the suit property is pending. The relief sought against the Respondent No.6 cannot be

wp-6783.14.sxw granted in this Writ Petition under Article 226 of the Constitution of India. Hence, we decline to entertain this Petition. The Petition is rejected. However, all the remedies of the Petitioner are kept open. All contentions of the parties are kept open.

(REVATI MOHITE DERE, J ) (A.S. OKA, J )