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Bombay High CourtWP/5969/2018disposed off

M/S. Reliable Spaces Pvt. Ltd. v. State Of Maharashtra Through Ministry Of Forests And Revenue And ORS

2018-06-06Hon'Ble Shri Justice Nitin W. Sambre,Hon'Ble Shri Justice Shantanu S. Kemkar2 pages

906.WP.5969.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5969 OF 2018 M/s. Reliable Spaces Pvt. Ltd.

...Petitioner

vs.

State of Maharashtra & Ors.

...Respondents

Mr. Saket Mone a/w. Mr. Vishesh Kalra a/w. Mr. Anish Singh a/w. Mr. Subit Chakrabarti I/b Vidhii Partners for the Petitioner. Mr. M.M. Pabale, AGP Respondent State.

CORAM : SHANTANU S. KEMKAR AND NITIN W. SAMBRE, JJ.

DATE : JUNE 6, 2018 P.C.:

.

We find that against the impugned order, the Petitioner has alternate remedy of filing appeal under the Land Revenue Code. In the circumstances, we allow the Petitioner to challenge the impugned order before the appellate authority by filing an appeal. In case, the Petitioner deposits Rs.11 Lacs within a period of three weeks from the date of filing of appeal in the office of Respondent No.2, the appeal shall be considered and decided by the appellate authority on its own merits in accordance with law. 2.

With the aforesaid directions and liberty, the Petition is disposed of.

Aarti Palkar 1/2

906.WP.5969.18.doc 3.

Till the appeal is decided, no coercive action be taken against the Petitioner in respect of recovery of balance amount. 4.

Appeal be decided by the appellate authority within a period of three months from the date of filing of the same. 5.

All contentions of the parties are kept open. (NITIN W. SAMBRE, J. ) (SHANTANU S. KEMKAR, J.) Aarti Palkar 2/2