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Bombay High CourtWP/12765/2019disposed offdismissed for default

Sangubai Sangram Patre Through Lrs Vishwanath Sangram Patre v. The State Of Maharashtra And Others

2019-10-16Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 910 WRIT PETITION NO.12765 OF 2019 SANGUBAI SANGRAM PATRE THROUGH LRS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Shri Adgaonkar Ravibhushan P. AGP for Respondents 1 to 5 : Shri Bhagat N.T. ...

CORAM : RAVINDRA V. GHUGE, J.

Dated: October 16, 2019 ...

PER COURT :- 1.

The petitioner seeks to challenge the order passed by the Additional Divisional Commissioner dated 30.12.2017 with regard to the mutation entry No.1212.

2.

The petitioner has a statutory remedy of preferring the second revision in view of the law laid down by the Honourable Apex Court in the matter of Gurudassing Nawoosing Panjwani Vs. State of Maharashtra ( 2016) 2 SCC 213] . The Honourable Apex Court has concluded in Virudhunagar Hindu Nadargal Dharma Paribalana Sabai Vs. Tuticorin Educational Society [(2019) SCC ONLINE SC 1292], that the existence of a statutory remedy is a ' NEAR TOTAL BAR' for exercising supervisory jurisdiction by the High Court in Writ Petitions. akl/d

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 2- WRIT PETITION NO.12765 OF 2019 3.

In view of the above, this petition is disposed off with liberty to the petitioner to avail of the statutory remedy within six weeks from today. The time spent by the petitioner in this Court from 15.2.2019 until six weeks from today, shall be a ground to be considered for condonation of delay.

( RAVINDRA V. GHUGE, J. ) ...

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