Akshay S/O Rajendra Shitole v. The State Of Maharashtra Thru Prin. Secretary, Revenue And Forest Dept. And ORS

spb/ 16wp35298-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (St.) NO. 35298 OF 2018 Akshay s/o Rajendra Shitole ... Petitioner.

V/s.

The State of Maharashtra & Others.

... Respondents.

--- Mr. Akshay R. Kapadia, Advocate, i/by Ms. Shubhangi D. More for the Petitioner.

Mrs. Madhubala Kajale, "B" Panel Counsel for the State. --- CORAM : R.M. BORDE & V.L. ACHLIYA,JJ.

DATE : FEBRUARY 04, 2019.

PC :

In view of availability of an alternate remedy provided under section 247 of the Maharashtra Land Revenue Code, 1966, the instant petition need not be entertained by this court. It would be open for the Petitioner to avail of an alternate remedy of an appeal, as provided under the Code. If the Petitioner tenders Appeal, raising challenge to the impugned orders within a period of fifteen days from today, the Appellate Authority shall consider the appeal on its own merits in accordance with the law.

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spb/ 16wp35298-18.odt It is directed that the appeal shall not be turned down, raising an issue of limitation and the same shall be decided on its own merits, as expeditiously as possible and preferably within a period of four weeks from the date of the receipt of Appeal.

With the directions, as above, the Petition is disposed of.

(V.L.ACHLIYA,J.) (R.M. BORDE) .....

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