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Bombay High CourtWP/11342/2016disposed off

Smt. Sumitra Narayan Sakpal Alias Venibai L. Bhuvad Through Ca. Shri. Narendra Sakpal v. Addl. Konkan Divisional Officer And ORS

2016-11-15Hon'Ble Shri Justice M.S. Sonak2 pages

skc 53-WP-11342-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11342 OF 2016 Smt. Sumitra Narayan Sakpal @ Venibai L. Bhuvad through CA Shri Narendra N. Sakpal ..

Petitioner vs.

Additional Konkan Divisional Officer & Ors.

..

Respondents Mr. Krishna M. Kadam for Petitioner.

Ms M. S. Bane - AGP for State.

Mr. Ramkrushana Yedave i/b. Mr. Vijay Killedar for Respondent Nos. 4 to 6.

CORAM : M. S. SONAK, J.

DATE: 15 NOVEMBER 2016 P.C :

1] Heard learned counsel for the parties.

2] The challenge in this petition is to the order dated 7 July 2016 made by the Additional Commissioner, Konkan Division, Mumbai allowing the respondent's revision application under section 257 of the Maharashtra Land Revenue Code in the matter of entries in revenue records.

3] As against the impugned order, the petitioner, has a right to institute a second revision application before the State Government, in terms of the law laid down by the Division Bench of this Court in the case of Gurudassing Nawoosing Panjwani vs. The State of 1/2

skc 53-WP-11342-16 Maharashtra & Ors.1 Incidentally, this ruling of the Division Bench has been upheld by the Hon'ble Supreme Court in Civil Appeal No. 5102 of 2006 vide judgment and order dated 6 November 2015.2 4] Accordingly, there is no necessity to entertain the present petition. However, the petitioner is granted liberty to institute second revision petition before the State Government. Such revision petition, if instituted, may be decided by the revisional authority in accordance with law and on its own merits. 5] This petition is accordingly disposed of with liberty as aforesaid.

(M. S. SONAK, J.) Chandka 2005 SCC On Line Bom. 1679.

2016 (1) Bom. C.R. 264 2/2