Bhavar Lal Samratmal Parmar And ORS. v. Smt. Bhikabai Tukaram Thombare And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION rrpillai WRIT PETITION NO. 6927 OF 2017 Bhavar Lal Samratmal Parmar and Others ...

Petitioners Vs.

Smt. Bhikabai Tukaram Thombare and Others ...

Respondents Mr. S. R. Nargolkar a/w. Mr. Ketan Joshi i/b. Ergo Juris for the Petitioners CORAM : GAURI GODSE, J.

DATE :

3rd MAY 2024 P.C.

1.

This petition takes exception to order dated 10th November 2016 passed by the Maharashtra Revenue Tribunal, Pune ("MRT") rejecting the revision application filed by the petitioner. The revision application was filed against dismissal of the petitioners' appeal by SDO on 29th November 2014.

2.

The petitioners had filed appeal before the SDO under Section 76 of the Bombay Tenancy and Agricultural Lands Act, 1948 ("Tenancy Digitally signed by RAJESHWARI RAMESH PILLAI Date:

2024.05.04 17:26:54 +0530 Act"). A perusal of the memo of appeal before SDO indicates that the RAJESHWARI RAMESH PILLAI 1/3

prayer was for setting aside Mutation Entry Nos. 594, 638, 797 and 1027. The appeal was dismissed by the SDO against which the petitioners preferred a revision application before the MRT. Revision application is also dismissed by MRT. Perusal of the record indicates that the proceeding initiated by the petitioners are not under Tenancy Act. However, the same pertain to the challenge to the mutation entry. 3.

Learned counsel for the petitioners has tendered an additional affidavit dated 2nd May 2024 of the petitioners. Additional affidavit explains the status under which proceedings were filed and further seeks leave to withdraw the petition with liberty to adopt appropriate legal remedy for agitating the grievance of the petitioners in the petition. Additional affidavit is taken on record. 4.

In view of the aforesaid, the petitioners are permitted to withdraw the petition with liberty to adopt appropriate legal remedy as permissible in law.

5.

Writ Petition is disposed of as withdrawn with liberty as stated above.

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6.

Needless to clarify that all contentions of all parties on merits are kept open.

[GAURI GODSE, J.] 3/3