Mahesh Atmaram Panere v. The State Of Maharashtra And ORS

wp11528 ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELATE JURISDICTION WRIT PETITION NO.11528 OF 2014 Mahesh Atmaram Panere

...Petitioner

vs.

The State of Maharashtra & Ors.

...Respondents

Ms Shilpa Kapil for the petitioner Mr.V.S.Gokhale, AGP for the State CORAM : A.S.OKA, & A.P.BHANGALE, JJ.

DATE : MARCH 17, 2015 P.C.:

Heard the learned counsel for the petitioner. This petition under Article 226 of the Constitution of India is completely misconceived. The first two prayers are for issuing a writ of mandamus to the respondent Nos.2 to 4 who are Authorities under the Maharashtra Land Revenue Code,1966 (for short "the said Code") to correct the revenue record on the basis of the Consolidation Scheme. Admittedly, the petitioner has not even applied for correction of the record. The petitioner can approach this Court only if the Authorities under the said Code decline to act on the basis of a proper application made by the petitioner. As far as prayers(c) to (g) are concerned, the grievance of the petitioneris as regards survey carried out by a Survey Officer under the said Code. If the petitioner is aggrieved by the survey and demarcation made by the Survey Officer, remedies are available to the petitioner. Rest of

wp11528 the prayers are directed against the respondent Nos.10 and 11 who are individuals and who are claiming to be the owners of the adjoining properties. Remedy of the petitioner against the respondent Nos.10 and 11 is before the appropriate Civil Court.

Therefore, we decline to entertain this petition. Petition is rejected. However, the remedies of the petitioner are kept open. All contentions on merits are kept open.

(A.P.BHANGALE,J.) (A.S.OKA,J.)