Pandurang Dharu Jagtap v. The State Of Maharashtra And Others
2025:BHC-AUG:20522 wp 8650.2017.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 16 WRIT PETITION NO. 8650 OF 2017 Pandurang Dharu Jagtap
VERSUS
The State Of Maharashtra And Others ...
Advocate for Petitioner : Mr. C.V. Thombre AGP for Respondents: Mr. S.P. Joshi Advocate for Respondents : Mr. H.V. Tungar ...
CORAM : S. G. CHAPALGAONKAR, J.
Dated : August 04, 2025 PER COURT :- 1.
Heard learned advocates appearing for respective parties.
2.
Mr. Tungar, learned advocate appearing for respondents submits that order passed by the Additional Collector in exercise of jurisdiction under section 257 of the Maharashtra Land Revenue Code is subjected to challenge in this writ petition. According to him, appropriate remedy to assail order of Additional Collector is before Divisional Commissioner at Aurangabad.
3.
Mr. Thombre, learned advocate appearing for the Petitioner concedes with aforesaid submissions, however, urges
wp 8650.2017.odt that interim protection granted in this writ petition may be continued and liberty may be granted to petitioner to file an appropriate proceeding before learned Divisional Commissioner.
4.
In view of submissions advanced, present writ petition is disposed off with liberty in favour of the petitioner to approach the learned Divisional Commissioner by filing appropriate proceeding, as is permissible under law. If proceeding is instituted before the Additional Commissioner within a period of (3) Three weeks from today, interim protection granted vide order dated 12.7.2017 shall remain in force for a period of three weeks from today. The time consumed in prosecuting present writ petition shall be considered for the purpose of limitation. If second revision is filed, petitioner shall be at liberty to file appropriate application for continuation of interim relief, which shall be decided in accordance with law, after hearing all the concerned.
5.
Writ petition stands disposed off.
( S. G. CHAPALGAONKAR, J. ) ...
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