Shri. Namdev Mahadu Jambhulkar And ORS. v. State Of Maharashtra And ORS.

DSS p-29-wp-10831-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10831 OF 2015 Namdev M. Jambhulkar and ors.

.. Petitioners vs.

State of Maharashtra and ors.

.. Respondents Mr. Sandeep D. Paigude for the Petitioners.

Ms V.S. Nimbalkar, AGP for Respondent Nos.1 to 4. Mr. G.S. Godbole a/w. Mr. Chaitanya Nikte for Respondent Nos.9 & 11.

CORAM :

M. S. SONAK, J.

DATE : 29 OCTOBER 2015.

P.C. :- 1] Not on board. Upon production, taken on board. 2] The impugned order in this petition has been made by the Sub-Divisional Officer (SDO) under the provisions of the Maharashtra Land Revenue Code, 1966 (said Code). As against this order, an appeal lies under the provisions of Section 247 of the said Code.

3] In fact, Mr. Godbole, learned counsel for Respondent Nos.9 & 11 and Ms Nimbalkar, learned AGP for Respondent Nos.1 to 4 object to entertainment of this petition on the ground that alternate and efficacious remedy by way of such appeal is available. 1/2

DSS p-29-wp-10831-15 4] Since, as against the impugned order, there is a statutory appeal provided under the said Code itself, it is not necessary to entertain the present petition. Accordingly, this petition is dismissed. 5] It is made clear that this Court has not examined the merits of the matter and therefore, all contentions of all parties are kept open. (M. S. SONAK, J.) dinesh 2/2