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Bombay High CourtWP/2940/2017dismissed

Alisab Hasansab Patel @ Pendhari Through 1a) Husensab A.Pendhari (Legal Heir) And 2 ORS. v. State Of Maharashtra And 4 ORS.

2017-11-27Hon'Ble Shri Justice G. S. Kulkarni,Hon'Ble Shri Justice Shantanu S. Kemkar2 pages

hvn 17-wpl-2630.2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 2630 OF 2017 Alisab Hasansab Patel @ Pendhari through Husensab A. Pendhari and Ors.

... Petitioners

Versus

State of Maharashtra and Ors.

... Respondents Mr. R.C. Barge i/by Mr. Sandeep Phatak for the petitioners. Ms. Jyoti Chavan, AGP for respondent State.

CORAM : SHANTANU KEMKAR & G.S. KULKARNI, JJ.

NOVEMBER 27, 2017 P.C.:

By filing this petition, the petitioners are seeking a direction to respondent no. 2 to decide his representation dated 12.5.2014 seeking direction for mutation in revenue record. 2.

Learned AGP raised an objection that in regard to the mutation entries, the petitioner had filed an appeal before the Collector which was dismissed.

3.

Learned counsel for the petitioners submits that the appeal was not dismissed on merits but was dismissed for want of prosecution. Be that as it may, since the appeal was filed and the

hvn 17-wpl-2630.2017 same has suffered dismissal, the petitioners have to seek appropriate remedy in accordance with law.

4.

In the circumstances, petition is dismissed, however, with a liberty to the petitioners to seek appropriate remedy in accordance with law.

(G.S.KULKARNI, J.) (SHANTANU S. KEMKAR, J.)