Sumitrabai Kondbaji Bhusare And ANR v. Madhukar Dattatraya Tekale And ORS

{1} wp4217-04 drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4217 OF 2004 Sumitrabai Kondbaji Bhusare and Another PETITIONERS

VERSUS

Madhukar Dattatraya Tekale and Others RESPONDENTS .......

Mr. Pratap P. Mandlik, Advocate for the petitioners Mr. S. W. Munde, AGP for respondent - State Mr. V. P. Latange, Advocate for respondent No.1 .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 4 th AUGUST, 2022 ORDER :

1.

This petition was admitted by this Court vide order dated 10th August, 2006. Thereafter, writ petition No. 4267 of 2019 is clubbed with this petition.

2.

Challenge raised in both the petitions is the same i.e. the mutation entries.

3.

In view of the decision of the Hon'ble Apex Court in "Gurudassing Nawoosing Panjwani V/s State of Maharashtra and Others" 2016 (1) AIR Bom R 1, wherein it is held that second revision is maintainable before the Government, this petition is disposed of with liberty to the petitioners to avail the alternate

{2} wp4217-04 remedy of second revision before the Government, which shall be filed by the petitioners within a period of four weeks from today. Interim relief granted by this Court shall continue to operate till the final decision of second revision. Rule is made absolute in aforesaid terms.

4.

The time spent in prosecuting the present writ petition shall be taken into consideration while condoning the delay. [NITIN B. SURYAWANSHI] JUDGE drp/wp4217-04