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Bombay High CourtCA/2260/2023disposed off

Maya Sharad Gaikwad v. The State Of Maharashtra Through Principal Secretary And Others

2025-01-17Hon'Ble Shri Justice S. G. Mehare,Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2025:BHC-AUG:1594 1 wp 13039.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 13039 OF 2022 WITH CIVIL APPLICATION NO. 2260 OF 2023 IN WRIT PETITION NO. 13039 OF 2022 Maya Sharad Gaikwad .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Shaikh Nasimuddin R., Advocate for the Petitioner. Shri S. S. Dande, A.G.P. for the Respondent Nos. 1 to 7. CORAM : S. G. MEHARE AND SHAILESH P. BRAHME, JJ.

DATE : 17TH JANUARY, 2025.

ORDER :

.

Heard learned counsel for the petitioner. The petitioner is claiming to be a tribal. The land of the tribal was transferred to non tribal. On the basis of sale deed registered in the office of Sub Registrar, the revenue entries are taken as law provides. The petitioner contends that a civil suit for cancellation of sale deed has already been filed and it is pending before the Civil Court. That apart, the High Court cannot invoke the jurisdiction to deal with the revenue entries for the reason that those are appealable orders.

2.

We do not find any prima facie illegality committed. For the

2 wp 13039.22 relief sought in the petition a civil suit has already been filed. Alternate remedy has been exhausted, hence the writ petition stands dismissed. No other as to costs.

3.

All pending civil applications also stand disposed of. [SHAILESH P. BRAHME J.] [S. G. MEHARE, J.] bsb/Jan. 25