Shri. Thakurnath Jagannath Bakshi And ORS. v. Shri. Anil Narayan Joshi

pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.65 OF 2014 IN PUBLIC INTEREST LITIGATION NO.122 OF 2010 Shri. Thakurnath Jagannath Bakshi and Ors.

... Applicants In the matter between Anil Narayan Joshi ... Petitioner

Versus

The Secretary, Urban Development Department and Ors.

... Respondents Mr. Sagar Anant Joshi, for the Applicants.

Mr. A.I. Patel, AGP, for Respondent Nos.1 to 5 and 7. Mr. R.S. Apte, Senior Advocate i/by Mr. Mandar Limaye, for Respondent No.6.

CORAM : A.S. OKA & V.L. ACHLIYA, JJ.

DATE : 10th SEPTEMBER, 2015 P.C.

.

Heard the learned counsel appearing for the Applicants. The learned counsel appearing for the Applicants states that not only the Applicants but there are similarly placed persons served with notices under Sub-section (2) of Section 50 of the Maharashtra Land Revenue Code, 1966. He has annexed one such notice at Exhibit-B.

2.

On plain reading of the said notice, the remedy of Appeal as provided under Sub-section (5) of Section 50 of the Maharashtra Land Revenue Code, 1966 is available and therefore, the present application is completely misconceived.

3.

Accordingly, we dispose of the application while keeping the remedy of preferring Appeal under Sub-section (5) of Section 50 of the Maharashtra Land Revenue Code expressly open. We direct that for a period of two months from today, no action shall be taken on the basis of notices issued to the Applicants under Sub-section (3) of Section 50 of the said Code. All contentions on merits of the notices are expressly kept open. Application is disposed of as above. (V.L. ACHLIYA, J ) (A.S. OKA, J )

Certified to be true and correct copy of the original signed Judgment/order.