Sindhubai Baban Lonkar v. Achalchand Walchand Jain And ORS.

ssm 1 906-wp5999.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5999 OF 2018 Sindhubai Baban Lonkar .....Petitioner.

Vs.

Achalchand Walchand Jain & Ors.

.....Respondents.

Mr. Somnath Thengy I/by Sachin Dhakephalkar for the Petitioner. Smt. M.S. Bane AGP, for the Respondent-State. CORAM : A. S. GADKARI, J.

DATE : 24th JULY, 2019.

P.C.:- The impugned Order dated 31st July, 2017, is passed by the Additional Commissioner, Pune Division, Pune 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 2 906-wp5999.18.doc State of Maharashtra & Others, reported in (2016) 2 SCC 213, in that behalf.

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

Leave and liberty granted.

Writ Petition is accordingly disposed off, as withdrawn. (A.S. GADKARI, J.) 2/2