Mr. Ashok Nivrutti Tapkir v. The State Of Maharashtra And ORS.

CAW-619-15.doc 24.03.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.619 OF 2015 IN WRIT PETITION NO.7145 OF 2012 Mr. Ashok Nivrutti Tapkir .. Applicant

IN THE MATTER BETWEEN

Mr. Ashok Nivrutti Tapkir ..Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri. Pratap Patil i/by Shri. Manoj M. Kadam, for the Applicant. Shri. S. D. Rayrikar, AGP for the Respondent Nos.1 to 4. CORAM : R.M. SAVANT, J.

DATE : 24th MARCH, 2015 P.C.

The above Civil Application has been filed for restoration of the above Writ Petition which has been dismissed for non-prosecution by the order dated 17.10.2012 on account of non-appearance of the advocate for the Petitioner on three dates. The Petitioner seeks condonation of delay of 2 years and 26 days in filing an application. The application is bereft of any plausible reason as to why the said delay of 2 years and 26 days has occurred. Apart from the same, the fact is that the above Petition is thoroughly misconceived, as the Writ Jurisdiction of this Court is sought to BGP.

CAW-619-15.doc 24.03.2015 be invoked challenging the internal correspondence between the Circle Officer and the Tahsildar, wherein the Circle Officer has mentioned as to why the entry could not be made in the name of the Petitioner in the revenue record. The Petition does not challenge any order passed by the Tahsildar. Under the regime of the Maharashtra Land Revenue Code the order passed by the Tahsildar is susceptible to further challenges before the higher officers. Hence, the question that begs an answer is as to why the above Writ Petition is filed. Be that as it may, no case for grant of any relief is made out. The Civil Application is accordingly rejected. [R.M. SAVANT, J] BGP.