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Bombay High CourtWP/4492/2017disposed off

Vinayak Mahadu Godse And ANR, v. The Additional /Divisional Commissioner Nashik Division And ORS.

2017-08-14Hon'Ble Shri Justice A.S. Gadkari2 pages

wp.4492-2017 Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE CIVIL JURISDICTION WRIT PETITIION NO.4492 OF 2017 Vinayak Mahadu Godse & Anr.

...Petitioners

Vs The Additional/Divisional Commissioner, Nashik Division, Nashik & Ors.

..Respondents.

------- Mr. Tushar Sonawane for Petitioners.

Mr. S.H. Knkal, AGP for Respondent Nos.1, 2,6 & 7. ------ CORAM: A.S. GADKARI. J.

DATE: 14 AUGUST 2017.

P.C.:

1] By the present petition, the petitioners have impugned the Order dated 22nd March 2017 passed by the respondent No.1/Additional Commissioner, Nashik Division, Nashik, under Section 257 of the Mahrashtra Land Revenue Code, 1966.

2] At the outset, the learned AGP raised a preliminary objection that, the petitioner is having substantive alternate remedy under Section 257 of the Mahrashtra Land Revenue Code, 1966 itself by way of further revision before the State, as has been held by the Supreme Court in the case 1/2

wp.4492-2017 of Gurudassing Nawoosing Panjwani Vs. Sate of Maharashtra & Ors. [(2016) 2 SCC 213].

3] In view thereof, the petition is disposed off by reserving liberty to the petitioner to prefer a revision before the State of Maharashtra. All contentions of the parties are expressly kept open. 4] Petition is disposed off in the aforesaid terms. (A.S. GADKARI, J.) 2/2