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Bombay High CourtWP/5841/2024disposed off as per administrative order

Hindurao Mahanu Shinde And ORS v. The State Of Maharashtra Thr The Secretary And ORS

2024-04-29Hon'Ble Shri Justice Amit Borkar2 pages

9-wp5841-2024.doc VRJ

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5841 OF 2024 VAIBHAV RAMESH JADHAV Hindurao Mahanu Shinde & Ors.

... Petitioners V/s.

The State of Maharashtra Through the Secretary & Ors.

... Respondents VAIBHAV RAMESH JADHAV Date: 2024.04.29 18:51:22 +0530 Mr. Rajaram V. Bansode for the petitioners.

Mr. R. S. Kulkarni i/by Mr. V.A. Shastry for respondent No.1.

Mr. Vaibhav Charwalkar, 'B' Panel Counsel for the State.

CORAM

: AMIT BORKAR, J.

DATED : APRIL 29, 2024 P.C.:

1.

The petitioners have already filed revision application before the State Government. However, according to the petitioners, due to Model Code of Conduct the State Government in its revisional capacity has shown inability to decide the revision application. It is, therefore, made clear that Model Code of Conduct shall not apply to exercise of quasi-judicial power. Hence, the State Government can always exercise quasi-judicial power conferred under section 257 of the Maharashtra Land Revenue Code, 1966. 2.

With above clarification, the writ petition stands disposed of with liberty to the petitioners to move the State Government for

9-wp5841-2024.doc decision on the revision application on its own merits. (AMIT BORKAR, J.)