Sanjeev Vitthal Sultane v. The State Of Maharashtra And Others

*1* 914wp1573o19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.1573 OF 2019 SANJEEV VITTHAL SULTANE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for the Petitioner : Shri Khairnar Vinod S. AGP for the Respondents/ State : Shri N.T.Bhagat ...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 04th December, 2019 Per Court:

The petitioner has assailed the order of the Additional Divisional Commissioner dated 31.10.2017 with regard to a mutation entry.

I find that the petitioner has a remedy available in view of the judgment delivered by the Honourable Supreme Court in the matter of Gurudassing Nawoosing Panjwani vs. State of Maharashtra and others, 2016 (2) SCC 213 : 2015 (6) Mh.L.J. 915 (SC). So also, in view of the recent verdict of the Honourable Supreme Court in the matters of Virudhunagar Hindu Nadargal Dharma Paribalana Sabai vs. Tuticorin Educational Society, 2019 SCC Online SC 1292 (Civil Appeal No.7764/2019 decided on 03.10.2019) and Genpact India Pvt. Ltd. vs.

*2* 914wp1573o19 Deputy Commissioner of Income Tax, 2019 SCC Online SC 1500 (Civil Appeal No.8945/2019 decided on 22.11.2019), the jurisdiction of the High Court is barred and the writ petition should not be entertained, in the face of the statutory remedy.

In view of the above, this Writ Petition is disposed off with liberty to the petitioner to avail of the statutory remedy. Time spent by the petitioner in this Court from 01.02.2018 till the passing of this order, shall be a ground for seeking condonation of delay. kps (RAVINDRA V. GHUGE, J.)