Zilla Parishad Aurangabad Through Chief Executive Officer v. Marathwada Wakf Board Aurangabad Through Secretary And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3937 OF 2011 Zilla Parishad Aurangabad through Chief Executive Officer .. Petitioner

Versus

Marathwada Wakf Board Aurangabad through Secretary and others .. Respondents Shri U. B. Bondar, Advocate for the Petitioner. Shri K. N. Lokhande, A.G.P. for Respondent Nos. 2, 28 and 29. Shri M. K. Deshpande, Advocate for Respondent Nos. 3 and 10. CORAM : S. V. GANGAPURWALA, J.

DATE : 12TH JULY, 2019.

FINAL ORDER :

.

Mr. Bondar, the learned advocate for the petitioner submits that, the Deputy Director of Land Records has passed the impugned order in an appeal U/Sec. 247 of the Maharashtra Land Revenue Code (for short M. L. R. Code).

2.

Mr. Deshpande, the learned advocate appears for respondent Nos. 3 and 10.

3.

If an order is passed U/Sec. 247 of the M. L. R. Code in an appeal, the petitioner has remedy U/Sec. 257 of the M. L. R.

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4.

In the light of that, I dispose of the writ petition with liberty to the petitioner to avail alternate remedy. All contentions are kept open.

5.

The petitioner may file the revision within a period of one month from today. If the revision is filed within a period of one month from today, the question of limitation will not arise. 6.

The petitioner and respondent Nos. 3 and 10 appearing through advocate Mr. Deshpande shall appear before the reviaional authority on 07th October, 2019. However, those not appearing in the writ petition shall have to be served in revision. 7.

Interim order passed earlier to continue till 07th October, 2019.

[S. V. GANGAPURWALA, J.] bsb/July 19