Balasaheb Yeshwantrao Tekawade And Others v. Sub Divisional Officer Ahmednagar And Others

1 926-WP-9608-2017.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.9608 OF 2017 Balasaheb Yeshwantrao Tekawade and Others ... Petitioners

Versus

Sub Divisional Officer, Ahmednagar and Others ... Respondents WITH WRIT PETITION NO. 4327 OF 2020 Ram Janardan Tekawade & Others ... Petitioners

Versus

Sub Divisional Officer, Ahmednagar & Others ... Respondents WITH WRIT PETITION NO.4328 OF 2020 Aniruddha Raosaheb & Others ... Petitioners

Versus

Sub Divisional Officer, Ahmednagar & Others ... Respondents ...

Advocate for Petitioners : Mr. S. D. Kulkarni h/f Mr. S. S. Kulkarni AGP for Respondent Nos.1 to 3/State: Mr. Y. G. Gujrathi Advocate for Respondent No.4 : Mr. P. V. Barde Advocate for Respondent Nos.7 to 10: Mr. A. C. Darandale h/f Mr. Rahul A. Tambe Advocate for Respondent Nos.11 to 14: Mr. Yogesh Kale h/f Mr. R. R. Karpe ...

CORAM : NITIN B. SURYAWANSHI, J.

DATE : 24th June, 2022

2 926-WP-9608-2017.odt ORDER :

1.

The respondents have questioned the maintainability of these petitions on the ground that the petitioners have alternate efficacious remedy of filing appeal under Section 247 of the Maharashtra Land Revenue Code, 1966 (for short "MLR Code"). 2.

Confronted with this situation and when this Court has shown disinclination to entertain the petitions as alternate remedy is available, the learned Advocate for the petitioners makes a statement that the petitioners shall challenge the orders impugned in these respective petitions by availing alternate remedy, within a period of six weeks from today, the respondent/authority to decide the appeals filed by the petitioners.

3.

In the peculiar facts of the present case, the writ petitions are disposed of with a direction that if the petitioners challenge the orders impugned in these petitions within a period of six weeks from today by filing appeals, the same shall be decided within a period of four months thereafter.

4.

The time spent by the petitioners in prosecuting the present petitions shall be taken into consideration while considering the delay condonation application, if any, filed by the petitioners. The intervenors are entitled to intervene in the appeals, if any, filed by the petitioners.

3 926-WP-9608-2017.odt 5.

With these directions, Writ Petitions are disposed of. [NITIN B. SURYAWANSHI, J.] Sameer