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Bombay High CourtWP/1263/2016disposed off

Shri. Babubhai Kodekhan Pansare (Decd) Through Lrs. v. Shri. Baban Ramzan Pansare And ANR.

2019-06-14Hon'Ble Shri Justice A.S. Gadkari2 pages

osk 9-wp-1263-2016.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1263 OF 2016 Babubhai Kodekhan Pansare (Since deceased) Through LRs. & Ors.

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Petitioners V/s.

Baban Ramzan Pansare & Anr.

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Respondents ----- Mr.A.B. Tajane for Petitioners.

Mr.S.S. Kulkarni a/w. Mr.Swapnil Mhatre for Respondent No.1. Ms.M.S. Bane, AGP for the State.

CORAM : A.S. GADKARI, J.

DATE : 14th June 2019.

P.C. :

1] The learned counsel for the respondent No.1 raised a preliminary objection that, against the impugned Order dated 14/10/2013 a substantive alternate remedy by way of Revision under Section 257 of the Maharashtra Land Revenue Code (hereinafter referred to as "M.L.R.C." for the sake of brevity) is available before the State Government .

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osk 9-wp-1263-2016.odt 2] Facing with the said difficulty Mr.Tajane, the learned counsel for the petitioners, on instructions, seeks leave to withdraw the present petition with liberty to file a Revision under Section 257 of the M.L.R.C. before the State Government against the impugned order. Leave and liberty granted.

3] Petition is disposed off as withdrawn with the aforesaid liberty.

It is made clear that, this Court has not adjudicated issues involved in the present petition and on the basis of the preliminary objection raised by the learned counsel for the respondent No.1 about availability of alternate remedy, the present Petition is disposed off. [A.S. GADKARI, J.] 2/2