Urmila Ashirwad Mhatre v. The State Of Maharashtra Thr. Principal Secretary Urban Development Dept. And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9344 OF 2021 Urmila Ashirwad Mhatre ...

Petitioner V/s.

The State of Maharashtra through Principal Secretary Urban Development Department and Ors.

...

Respondents ------------------- Mr. Harekrishna Mishra for petitioner.

Mr. Ashutosh Gavnekar with Mr. Rohit Parab I.by Mr. C.B. Gavnekar for respondent nos. 4 to 11.

Ms. M.P. Thakur-AGP for the State.

Mr. Vijay S. Gharat for respondent nos. 13 to 16. --------------------- CORAM : SUNIL B. SHUKRE & R.N. LADDHA, J.J.

DATE : 7th JUNE 2023.

P.C. :

.

We have heard this matter for sometime, we are of the view that there is an effective alternative remedy provided under Section 53 (2A) of the Maharashtra Village Panchayat Act, 1959 which remedy appears to have not been availed of by the petitioner. At this stage, learned counsel for the petitioner submits that petitioner is willing to file an application under section 53 (2A) of the Act of 1959 before the 3-wp-9344-2021.doc varsha

Collector. However, he makes a request that if such an application filed, the final decision to be rendered by the Collector may be made time bout.

2.

Learned AGP for the State and learned counsel for the Zilla Parishad and also learned counsel for the respondent nos. 13 to 16 submit that availability of statutory remedy is a matter of record and therefore, appropriate order would be passed in this case. 3.

In view of the above, the parties are relegated to the remedy as available under section 53 (2A) of the Act, of 1959 and for that purpose liberty is granted to the petitioner to file appropriate application within two weeks from the date of this order and in case such an application is filed, same shall be decided by the Collector i.e. respondent no.2 in accordance with law, as expeditiously as possible within twelve weeks from the date of filing of the application. All questions are kept open.

4.

The petition is disposed of in the above terms. (R.N. LADDHA, J) (SUNIL B. SHUKRE, J) 3-wp-9344-2021.doc varsha