Rakesh Rajendrakumar Agarwal v. Tahsildar Vasai And ORS.

JAYARAJAN ANJAKULATH NAIR Date: 2022.02.14 14:23:37 +0530 JAYARAJAN ANJAKULATH NAIR 1/2 44 WP-3277.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3277 OF 2021 Rakesh Rajendrakumar Agarwal ] ... Petitioner Vs.

Tahsildar Vasai & Ors.

] ... Respondents ...

Mr. Kishor Patil for the petitioner.

Ms. Vaishali Nimbalkar, A.G.P. for respondent-State. Mr. Vineet Naik, senior counsel i/b Mr. Wadia Ghandy & Co. for respondent No.3.

...

CORAM

: RAVINDRA V. GHUGE, J.

DATED : 11TH FEBRUARY, 2022.

P.C. :- 1.

The learned A.G.P. rightly points out that a second revision is available for the petitioner under the Maharashtra Land Revenue Code. I find that the contention of the learned A.G.P. is supported by the law laid down by the Apex Court in Gurudassing Nawoosingh Panjwani v. State of Maharashtra & Ors.1 (2016) 2 SCC 213 AJN

2/2 44 WP-3277.21.odt 2.

The learned advocate for the petitioner submits that as this court had granted protection on 08/05/2020, if the said protection is continued for some time, a second revision can be filed. The learned advocate for the respondent opposes the said request. 3.

In view of the above, this petition is disposed off with liberty to the petitioner to avail of the statutory remedy, as is permissible in law.

4.

The time spent by the petitioner in this court from 17/07/2021 till the passing of this order, would be a good ground for condonation of delay, provided the petitioner files the second revision on or before 11/03/2022. If this condition is fulfilled, the protection granted by this court would continue till 11/03/2022. 5.

It is made clear that if the petitioner files a second revision before the authorities, the ad-interim relief granted by this court shall not be continued, save and except upon hearing the parties on interim relief.

[RAVINDRA V. GHUGE, J.] AJN