Dr. Purvez Keki Grant v. The State Of Maharashtra Through The Secretary And ORS

1/2 WP/1995/2016 BDPPS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1995 OF 2016 Dr. Purvez Keki Grant ..... Petitioner.

V/s The State of Maharashtra and Others ..... Respondents.

Mr. S.R. Nargolkar a/w Lendl Coutinho i/b Deven for the Petitioner. Mr. Vishal Thadani, APP for Respondent/State CORAM: V. M. KANADE & MS. NUTAN D. SARDESSAI, JJ.

DATE:

28th November, 2016 P.C.:- 1.

By this Petition filed under Article 226 of the Constitution of India, Petitioner is seeking an appropriate writ, order and direction, directing the Collector to cancel the Mutation Entry No.513. It is submitted that this Entry has been made illegally without making any reference to the documents on the basis of which the said Entry is made. It is submitted that though the application was filed for deleting the said Entry, no action has been taken. 2.

In our view, relief claimed by the Petitioner cannot be granted by this Court while exercising writ jurisdiction under Article 226 of the Constitution of India since Petitioner has an alternative efficacious

2/2 WP/1995/2016 remedy of approaching the revenue authorities for the purpose of getting the relief sought by him in this Petition. Reserving the said right of the Petitioner to exhaust the alternative remedy which is available to him, Petition is disposed of. If such an application/appeal/proceeding is filed by the Petitioner revenue authorities/revenue appellate authorities shall expeditiously decide the same after giving notice to the affected parties and after giving them hearing on merits and in accordance with law. All contentions of the Petitioner and Respondents are kept open.

(MS. NUTAN D. SARDESSAI, J. ) (V.M. KANADE, J.)