M/S. Kapleshwara Builders And Developers , Through Its Partner v. The Tahsildar And ANR.

osk 31-wp-2780-2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2780 OF 2018 M/s. Kapleshwara Builders and Developers ...

Petitioner V/s.

The Tahsildar & Anr.

...

Respondents ----- Mr.D.S. Pagare for Petitioner.

Ms.M.S. Bane, AGP for Respondents-State.

CORAM : A.S. GADKARI, J.

DATE : 12th July 2019.

P.C. :

1] At the outset, the learned AGP raised a preliminary objection and submitted that, against the impugned Order dated 9th August 2017 by the Sub-Divisional Officer, Thane, further substantive Appeal under Section 247 of the Maharashtra Land Revenue Code, 1966 is maintainable before the Collector of Thane. A specific averment to that effect has been taken in affidavit dated 28th June 2018 filed by the respondent No.1 in that behalf.

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osk 31-wp-2780-2018.odt 2] In view thereof, the petitioner is granted leave to file substantive appeal before the Collector of Thane under Section 247 of the Maharashtra Land Revenue Code, 1966, impugning the Order dated 9th August 2017.

3] Petition is disposed off by granting liberty to the petitioner as afore-stated.

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] The interim relief, granted by order dated 21st March 2018, shall continue to operate for a period of three weeks from today. [A.S. GADKARI, J.] 2/2