Shankar Bhimrao Karale And Another Through Gpa Vilas Bhagwan Wadje v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 5068 OF 2018 SHANKAR BHIMRAO KARALE AND ANOTHER

VERSUS

THE STATE OF MAHARASTHRA AND OTHERS Advocate for Petitioner : Mr. V.B. Dhage.

AGP for Respondent Nos. 1 to 5 : Mr. S.R. Yadav. Advocate for Respondent No. 9 : Smt. M.A. Kulkarni. CORAM : RAVINDRA V. GHUGE, J.

Dated : 05th September, 2018.

PER COURT :

1.

The petitioners have directly challenged the order of the Sub-Divisional Officer, dated 05th February, 2018, with regard to revenue entries. The statutory remedy available to the petitioners is to challenge the said order before the Additional Collector. 2.

Learned counsel for the petitioners submits that this Court issued notice in this mater.

3.

I am of the view that when the MLR Code prescribed statutory remedies, the litigants are expected to abide by the provisions of law and approach the authority which is vested with the jurisdiction to deal with the impugned order.

4.

In view of the above, this petition is disposed of. If the petitioners approach the Additional Collector on/or before 29th September, 2018, by preferring an appeal under Section 247 of the MLR Code, the time spent by the petitioners in this Court from 03rd April, 2018, till the passing of this order would be considered as a good ground for condonation of delay.

5.

The Additional Collector would decide the said appeal proceedings within three months after the date of appearance of all the parties in response to the notices issued till then. 6.

Record and proceedings be returned forthwith to the SubDivisional Officer, Kandhar. ( RAVINDRA V. GHUGE, J. ) S.P.C.