Shrikant Shashikant Dhumal, Through P.A. Holder And ORS. v. Shobha Chandrakant Dhumal (Since Deceased Through Lrs.) And ORS.

ssm 1 33-wp6059.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6059 OF 2018 Shrikant Shashikant Dhumal & Ors.

.....Petitioners.

Vs.

Smt. Shobha Chandrakant Dhumal & Ors.

.....Respondents.

Mr. S.S. Hardikar for the Petitioners.

Smt. V.S. Nimbalkar AGP, for the Respondent Nos. 7, 8, 9 and 10State. CORAM : A. S. GADKARI, J.

DATE : 16th AUGUST, 2019.

P.C.:- The Order impugned herein dated 18th January, 2018, is passed by the Additional Commissioner, Pune Division, Pune in RTS/ Rev/Pune/354 of 2016 under Section 257 of the Maharashtra Land Revenue Code,1966 (for short, "the Code").

At the outset, the learned AGP raised a preliminary objection and submitted that, a further Revision under Section 257 of the Maharashtra Land Revenue Code, 1966 is maintainable before the State Government and without availing the said remedy, the Petitioner has approached this Court. She relies on a decision of the Hon'ble Supreme Court in the case of Gurudassingh N. Panjwani Vs. 1/2

ssm 2 33-wp6059.18.doc State of Maharashtra & Others, reported in (2016) 2 SCC 213, in that behalf.

In view thereof, the learned counsel for the Petitioners, on instructions, seeks leave to withdraw the present Petition with liberty to adopt the said alternate remedy as contemplated under Section 257 of the Code before the State Government.

Leave and liberty granted.

Writ Petition is disposed off, as withdrawn with aforesaid liberty.

(A.S. GADKARI, J.) 2/2