Manohar Hendar Chenekar v. The State Of Maharashtra Through The Chief Secretary And ORS.

skc 919-WP-10985-14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10985 OF 2014 Manohar Hendar Chenekar ..

Petitioner vs.

The State of Maharashtra & Ors.

..

Respondents None for Petitioner.

Ms M. S. Bane - 'B' Panel Counsel for Respondent Nos. 1 to 4. Mr. Rohit P. Sakhadeo for Respondent Nos. 5 and 6. Mr. S. G. Karandikar for Respondent No. 13. CORAM : M. S. SONAK, J.

DATE: 24 NOVEMBER 2015 P.C. :- 1] None for the Petitioner. However, rather than dismiss the petition for non prosecution, it would be appropriate if this petition is disposed of on the ground that the Petitioner has alternate and efficacious remedy available as against the impugned order. 2] This Court in the case of Gurudassing N. Panjwani vs. The State of Maharashtra1 has held that under the Scheme of the Maharashtra Land Revenue Code, a revision application under Section 257 is maintainable even against an order earlier made by the Authority subordinate to the State Government in exercise of revisional jurisdiction. In terms of this ruling, therefore, as against Letters Patent Appeal No. 55 of 2003 dated 13 July 2005. 1/2

skc 919-WP-10985-14 the impugned order, remedy of revision will lie to the State Government.

3] Accordingly, this petition is not entertained. However, liberty is granted to the Petitioner to avail of the revisional remedy. 4] With the aforesaid observations, this petition is disposed of. (M. S. SONAK, J.) Chandka 2/2