Jayesh Rajendra Uplap And ANR. v. The State Of Maharashtra And ORS.

osk 10-wp-12816-2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12816 OF 2018 Jayesh Rajendra Uplap & Anr.

...

Petitioners V/s.

The State of Maharashtra & Ors.

...

Respondents ----- Mr.H.D. Salunkhe for Petitioners.

Ms.V.S. Nimbalkar, AGP for Respondent Nos.1 and 2. Ms.Sheetal Khot i/b. Mr.K.A. Dhavle for Respondent No.3. CORAM : A.S. GADKARI, J.

DATE : 6th August 2019.

P.C. :

1] The Order impugned is passed by the Deputy Director Land Records, Pune, under Section 257 of the Maharashtra Land Revenue Code, 1966.

2] At the outset, the learned AGP raised a preliminary objection and submitted that, a further Revision under Section 257 of the Maharashtra Land Revenue Code, 1966 is maintainable before the State Government and without availing the said alternate remedy, the 1/2

osk 10-wp-12816-2018.odt petitioners have approached this Court directly. She relies on a decision of the Hon'ble Supreme Court in the case of Gurudassingh N. Panjwani Vs. State of Maharashtra & Others, reported in (2016) 2 SCC 213. 3] In view thereof, 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 Maharashtra Land Revenue Code, 1966 before the State Government, impugning the Order dated 5th June 2018.

Leave and liberty granted.

4] Petition is disposed off with the aforesaid liberty. 5] 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.

[A.S. GADKARI, J.] 2/2