Bombay High CourtWP/5861/2024disposed off

Bayaji Sahadu Sidankar And Another v. The State Of Maharashtra Through Revenue And Forest Department And Others

2024-06-20Hon'Ble Shri Justice S. G. Chapalgaonkar2 pages

2024:BHC-AUG:11603

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 929 WRIT PETITION NO.5861 OF 2024 BAYAJI SAHADU SIDANKAR AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. A.K. Gawali, Advocate for petitioners Mr. S.B. Jadhav, AGP for respondent Nos.1 to 4 ...

CORAM :

S.G. CHAPALGAONKAR, J.

DATE :

20th JUNE, 2024 ORDER :

Heard Mr. A.K. Gawali, learned Advocate appearing for the petitioners. He candidly admits that the petitioners have already availed the alternate remedy by filing revision application before the Hon'ble Minister, Maharashtra State and such revision is pending since 01.12.2023, which assails order/measurement map dated 18.07.2002 prepared by Deputy Superintendent of Land Records, Shrigonda in pursuance of directions given by Deputy Director of Land Records, Nashik Division, Nashik. However, on the basis of impugned incorrect map dated 18.07.2002 further measurement is proposed in pursuance of the application given by the Chief Officer,

929_WP_5861_2024 Municipal Council, Shrigonda. If such measurement is carried out based on incorrect map, the petitioners would suffer irreparable injury. Apparently the basic challenge of the petitioners to the measurement map dated 18.07.2002 is pending before the Hon'ble Minister. The same challenge cannot be entertained in this writ petition. The purpose of the petitioners would serve if the Hon'ble Minister is requested to hear and decide the pending revision application filed by the petitioners within a period of three months from today.

Consequently, writ petition stands disposed of with request to Hon'ble Minister to decide pending revision application filed by petitioners on 01.12.2023, within a period of three months. It is made clear that if any measurement is carried out in pursuance of the notice dated 16.02.2024 issued by Deputy Superintendent of Land Records, Shrigonda, it shall be subject to outcome of the proceedings pending before Hon'ble Minister.

( S.G. CHAPALGAONKAR ) JUDGE agd