Suresh Mahadev Sawant v. Chiman Shrpat Mhaske Decd. Thr Lhrs Satish Chiman Mhaske And ANR

28-wp4881-2022.doc VRJ

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4881 OF 2022 Digitally signed by VAIBHAV RAMESH JADHAV Date:

2024.01.31 18:34:19 +0530 VAIBHAV RAMESH JADHAV Madhuri Suresh Sawant ... Petitioner V/s.

Chiman Shripat Mhaske (Deceased) Through Power of Attorney Holder ... Respondents WITH WRIT PETITION NO.4818 OF 2022 Suresh Mahadev Sawant ... Petitioner V/s.

Chiman Shripat Mhaske (Deceased) Through Power of Attorney Holder & Ors.

... Respondents WITH WRIT PETITION NO.4820 OF 2022 Suresh Mahadev Sawant ... Petitioner V/s.

Chiman Shripat Mhaske (Deceased) Through Power of Attorney Holder & Ors.

... Respondents Mr. Sachin Hande for the petitioner.

Mr. Veerdhaval Kakade for respondent Nos.1.1, 1.2 & 2.

CORAM

: AMIT BORKAR, J.

DATED : JANUARY 31, 2024 P.C.:

28-wp4881-2022.doc 1.

The petitioner is challenging order passed by the Commissioner in exercise of power under section 257 of the Maharashtra Land Revenue Code, 1966 which the petitioner has alternative statutory remedy of second revision before the State Government. The writ petitions are, therefore, disposed of by granting liberty to the petitioner to adopt statutory remedy under section 257 before the State Government.

2.

Keeping all questions raised in the writ petitions open, the writ petitions are disposed of. No costs.

3.

Since there was ad-interim relief during pendency of the writ petitions, the same is continued for period of four weeks from today.

4.

Considering the pendency of the writ petitions, if the revision is filed within one month from today, the Minister shall decide the revision within six months thereafter.

(AMIT BORKAR, J.)