Shri. Trimbak Keru Tokade And ORS. v. District Superintendent Land Records Nashik And ORS.

P.H. Jayani 06 WP7325.2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7325 OF 2017 Trimbak Keru Tokade and ors.

.... Petitioners v/s.

The District Superintendent Land Records Nashik and ors.

.... Respondents Mr. Amey Deshpande for the Petitioners.

Mr. Pramod N. Joshi with Mr. Pratik B. Rahade for Respondent Nos.2, 3, 9 to 13.

Mr. P.P. Pujari, AGP for the State.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATE : 09th SEPTEMBER, 2020.

P. C. :- .

The petitioners herein have challenged the order dated 17/04/2017 whereby the District Superintendent of Land Records, Nashik has condoned the delay in fling the appeal. 2.

By order dated 03/07/2017, this Court had refused to grant any ad-interim relief and had observed that an alternative remedy was available under section 248 of the Maharashtra Land Revenue Code.

3.

It has been brought to my notice that during the pendency of this petition, the appeal fled by the respondent has been disposed 1/2

P.H. Jayani 06 WP7325.2017.doc of on merits. The petitioners herein have challenged the order dated 17/04/2017 as well as the order passed by the District Superintendent of Land Records, Nashik allowing the appeal, before Deputy Director of Land Records, Nashik in Appeal No.807/2018. Since the petitioners have already invoked the alternative efcacious remedy by way of fling the appeal, which is still pending, the writ petition is not maintainable and is accordingly dismissed. It is made clear that this Court has not gone into the merits of the matter. All points and contentions of the parties are kept open.

Preeti H.

Jayani (SMT. ANUJA PRABHUDESSAI, J.) Preeti H. Jayani Date: 2020.09.11 13:35:55 +0530 2/2