Vimal Baban Bhor And ANR v. The State Of Maharashtra Thr The Secretary, Revenue And Forest Dept. And ORS

24-wp-6663-2024.doc Nikita

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6663 OF 2024 Vimal Baban Bhor and Anr.

... Petitioners V/s.

The State of Maharashtra Through The Secretary, Revenue and Forest Department and Ors.

... Respondent NIKITA KAILAS DARADE by NIKITA KAILAS DARADE Date: 2024.05.08 16:49:21 +0530 Mr. Sanjiv Sawant a/w Mr. Murlidhar Kale a/w Ms. Bhakti Wast i/b Mr. Samir M. Suryawanshi for the Petitioner.

Mr. Hamid D. Mulla AGP for the State-Respondent No.1.

CORAM :AMIT BORKAR, J.

DATED :MAY 8, 2024 P.C.:

1.

The impugned order is passed by the Commissioner in exercise of power under Section 257 of the Maharashtra Land Revenue Code, 1966. The petitioners had remedy of approaching the State Government under Section 257 of the Maharashtra Land Revenue Code, 1966 by way of second revision application. 2.

According to the petitioners, such revision is filed but the application for interim relief was not considered due to Model Code of Conduct. It is made clear that Model Code of Conduct does not restrain quasi judicial authority from exercising quasi judicial power.

24-wp-6663-2024.doc 3.

Hence, Respondent No.1-Minister or the Secretary authorized to be heard revision under Section 257 of the Maharashtra Land Revenue Code, 1966 or can decide either the interim relief application or the revision application within four weeks from today.

4.

The writ petition stands disposed of. No costs. (AMIT BORKAR, J.)