Shri. Lalaso Pandurang Dabhade v. Gulab Vithoba Dabhade And ORS.

12 WPST.21658.18.doc. WP-- Tandle

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (ST) NO. 21658 OF 2018 Shri Lalaso Pandurang Dabhade ... Petitioner.

Versus

Gulab Vithoba Dabhade and Ors.

... Respondents.

. . . . . .

Mr. Sushant Prabhune, Advocate for Petitioner. Mr. C. D. Mali, AGP for Respondent Nos. 2 to 4. . . . . . .

CORAM : A. S. GADKARI, J.

DATE : 15TH JULY, 2019 P. C. :

1.

The order impugned herein dated 27.05.2018 is passed by the Additional Commissioner, Pune Division, Pune, under Section 257 of Maharashtra Land Revenue Code, 1966 in RTS Revision No. 13 of 2018.

2.

At the outset, the learned AGP raised the preliminary objection and submitted that, a substantive remedy under Section 257 of the Maharashtra Land Revenue Code, 1966 is available to the petitioner and without availing the same, the petitioner has directly approached this Court.

1/2

12 WPST.21658.18.doc. WP-- 3.

In view thereof, learned counsel appearing for the petitioner, on instructions, seeks leave to withdraw the present petition with liberty to file a substantive revision before the State Government challenging the order dated 27.05.2018 passed by the Additional Commissioner, Pune Division, Pune. 4.

Leave and liberty granted.

5.

Petition is disposed of as withdrawn.

6.

It is to be noted here that, this Court has not adjudicated upon the merits of the matter and the present petition is disposed of on the basis of the preliminary objection raised by the learned AGP. (A. S. GADKARI, J.) 2/2