Shri Rajesh Chhaganlal Patwa v. The State Of Maharashtra Through The Principal Secretary Through The Govt. Pleader And ORS

caw282 ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.282 OF 2016 IN WRIT PETITION NO.9072 OF 2015 Rajesh Chhaganlal Patwa ...Applicant vs.

The State of Maharashtra and others

...Respondents

Mr.V.P.Sawant i/b Rajesh Singh for the applicant Mr.V.S.Gokhale, AGP for the respondent Nos.1 and 2. CORAM : A.S.OKA, & C.V.BHADANG, JJ.

DATE : JANUARY 28, 2016 P.C.:

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Not on board. Taken on board.

In the main petition, the challenge is to the show cause notice. Now on the basis of the show cause notice, the order dated 10th December 2015 has been passed by the Tahsildar and the Agricultural Lands Tribunal at Bhiwandi. The applicant has a statutory remedy available to challenge the said order.

The contention of the applicant is that though the said order is not served to the applicant, the same is sought to be implemented.

If the respondents have committed breach of the order passed in the writ petition, the applicant has a remedy available. As statutory remedy is available

caw282 to the applicant, it is not necessary to entertain this application. We, however, make it clear that to enable the applicant to challenge the said order in accordance with law, the said order dated 10th December 2015 shall not be implemented in any manner for a period of one month from today.

If entries in the revenue record have been made in breach of the limited protection granted to the petitioner under order dated 9th September 2015 passed in the Writ Petition, it will be open for the applicant, without prejudice to other remedies in law, to apply to the concerned Authorities for deleting entries made as per the impugned order. As an order has been passed on the show cause notice, nothing survives in this writ petition. Accordingly, writ petition and civil application are disposed of. All contentions on merits are kept open.

(C.V.BHADANG,J.) (A.S.OKA,J.)