Rajesh Jasmatbhai Patel And ANR v. State Of Maharashtra Through Govt. Pleader And ORS

P19-WP11788-15.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11788 OF 2015 Rajesh Jasmatbhai Patil & Anr.

...Petitioners

Versus

The State of Maharathra & Ors.

...Respondents

Ms. Anita Vasani i/b Mr. Omprakash Pandey for the Petitioners. Mrs. M. P. Thakur, AGP for the Respondent-State. CORAM: A.S. OKA & G.S. PATEL, JJ.

DATED: 1st December 2015 PC:- 1.

Not on board. Taken on board.

2.

Heard learned counsel appearing for the Petitioners. By this Petition under Article 226 of the Constitution of India, the Petitioners are challenging the order dated 5th January 2015 in Appeal No. 96 of 2014 passed by the Sub-Divisional Officer, Thane. The challenge is also to the Mutation Entry No. 368 which is effected on the basis of the said order. Against the said order dated 5th January 2015, the Petitioners have statutory remedies available under the Maharashtra Land Revenue Code, 1966. Even for challenging the mutation entry, a statutory remedy is available under the said Code.

P19-WP11788-15.DOC 3.

The learned counsel appearing for the Petitioners states that the Petitioners have already preferred an Appeal and even a Civil Suit is pending.

4.

In view of the availability of statutory remedies, we decline to entertain the Petition.

5.

The Petition is disposed of on above terms.

6.

All contentions on merits are kept open.

(G. S. PATEL, J.) (A.S. OKA, J.)