Smt. Shantabai Balkrishna Naik v. Vishnu Maruti Avhad

skc 74-WP-9668-17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9668 OF 2017 Smt. Shantabai Balkrishna Naik ..

Petitioner vs.

Vishnu Maruti Avhad ..

Respondent Mr. Gautam A. Tambe for Petitioner.

CORAM : M. S. SONAK, J.

DATE: 18 SEPTEMBER 2017 P.C :

1] As against the impugned order, the petitioner, has a remedy to institute a second revision application under Section 257 of the Maharashtra Land Revenue Code before the State Government, in terms of the law laid down by the Division Bench of this Court in the case of Gurudassing Nawoosing Panjwani vs. The State of Maharashtra & Ors.1 Incidentally, this ruling of the Division Bench has been upheld by the Hon'ble Supreme Court in Civil Appeal No. 5102 of 2006 vide judgment and order dated 6 November 2015.2 2] Accordingly, there is no necessity to entertain the present petition. However, the petitioner is granted liberty to institute second revision application before the State Government. Such 2005 SCC On Line Bom. 1679.

2016 (1) Bom. C.R. 264 1/2

skc 74-WP-9668-17 revision application, if instituted, may be decided by the revisional authority in accordance with law and on its own merits. 3] This petition is accordingly disposed of with liberty as aforesaid.

(M. S. SONAK, J.) Chandka 2/2