Vijay Kisan Gaikwad And ORS v. Jyotiba Dynanu Gaikwad And ORS

osk 4-wp-10866-2016.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10866 OF 2016 Vijay Kisan Gaikwad & Ors.

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Petitioners V/s.

Jyotiba Dynanu Gaikwad & Ors.

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Respondents ----- Mr.M.B. Deshmukh for Petitioners.

Mr.A.M. Kulkarni for Respondent Nos.1 to 3.

Ms.V.S. Nibalkar, AGP for the State.

CORAM : A.S. GADKARI, J.

DATE : 3rd July 2019.

P.C. :

1] The Order impugned herein dated 24/06/2016 is passed by the Additional Commissioner, Pune Division, Pune, under Section 257 of the Maharashtra Land Revenue Code, 1966.

2] At the outset, the learned AGP raised a preliminary objection and submitted that, a further Revision under Section 257 of the Maharashtra Land Revenue Code, 1966 is maintainable before the State Government. She relies on a decision of the Hon'ble Supreme Court in the case of Gurudassingh N. Panjwani Vs. State of Maharashtra & Others, reported in (2016) 2 SCC 213.

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osk 4-wp-10866-2016.odt 3] In view thereof, the learned counsel for the petitioners, on instructions, seeks leave to withdraw the present petition with liberty to file a revision under Section 257 of the Maharashtra Land Revenue Code, 1966 before the State Government, impugning the Order dated 24/06/2016.

Leave and liberty granted.

Petition is disposed off with the aforesaid liberty. 4] It is needless to mention that the present petition is disposed off on the basis of the preliminary objection raised by the learned AGP and this Court has not dealt with the merits involved the present petition.

5] Ad-interim relief, granted by Order dated 20th September 2016 shall continue for a period of four weeks from today. [A.S. GADKARI, J.] 2/2