Azima Begum Aabid Abdul Gaffar v. The State Of Maharashtra And Others

{1} 8-WP-709-2022

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 709 OF 2022 AZIMA BEGUM AABID ABDUL GAFFAR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. H.I. Pathan AGP for Respondent - State : Mr. P.N. Kutti Advocate for Respondent No.3 : Mr. M.G. Mustafa .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 4 th April, 2022 ORDER :

.

By this petition, the petitioner challenges the order passed by the respondent No.2 under Section 257(3) of the Maharashtra Land Revenue Code.

2.

The learned Assistant Government Pleader raised preliminary objection about the maintainability of the petition on the ground that the petitioner has alternate remedy of challenging the impugned order by fling second revision under Section 257(3) of the Maharashtra Land Revenue Code before the State Government.

3.

The learned advocate for the petitioner submits that Pooja K.

{2} 8-WP-709-2022 since no opportunity of hearing was given to the petitioner before passing the impugned order, the petition may be entertained.

4.

The writ petition is disposed of with liberty to the petitioner to avail alternate remedy.

5.

All the contentions of the petitioner are kept open. 6.

The interim order passed in favour of the petitioner shall continue to operate for a period of two weeks from today.

[NITIN B. SURYAWANSHI] JUDGE Pooja K.