Chandrakant Baburao Phadtare. v. The Tahsildar,Khatav (Vaduj),Dist.Satara.

Kavita 213-wp-1133-1997.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1133 of 1997 Shri.Chandrakant Baburao Phadtare

...Petitioner

Versus

The Tahsildar, ... Respondent None for the Petitioner Mr.Manish M.Pabale AGP for Respondent No.1,2 and 4

CORAM:

A.S.Oka,J DATED:

16th May 2017 PC:- 1.

Called out for final hearing. Office remarks of 7th November 2008 show that the court service notice has been served upon the Petitioner.

2.

The challenge in this petition under article 227 of the Constitution of India is to the order dated 23rd January 1995 by which the Petitioner was granted permission to use for non-agricultural purposes an area of 1400 sq.meters out of the land bearing gat No.524 totally admeasuring 8800 Ares situates at village Pusegaon, tq. Khatav, District Satara. The

Kavita 213-wp-1133-1997.doc challenge is only to that part of the order by which non agricultural assessment was fixed at Rs.2.23 per sq.meter. The order fixing non agricultural assessment has been passed under the Maharashtra Land Revenue Code, 1966. Efficacious remedies of two Appeals and two Revision applications are available under the said Code. Hence, this Writ Petition under Article 227 of the Constitution of India need not be entertained .

3.

Accordingly, the Petition is disposed of while keeping the statutory remedies expressly open. Rule is discharged accordingly. There is no order as to costs.

( A.S.Oka,J)