Abdul Alim Mohamad Kasim v. Taher Kherooddin Kazi

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.9212 OF 2017 ABDUL ALIM MOHAMAD KASIM

VERSUS

TAHER KHEROODDIN KAZI ...

Advocate for the Petitioner : Shri S. B. Munde h/f. Shri V. D. Gunale Advocate for Respondent No. 1 : Shri R. K. Ashtekar AGP for Respondent No. 2 : Shri N. T. Bhagat ...

CORAM : RAVINDRA V. GHUGE, J.

DATED : 11th DECEMBER, 2019 ...

PER COURT :

1.

Leave to add the Additional Commissioner, Aurangabad as Respondent No.2. Addition be carried out forthwith. The learned AGP causes an appearance on behalf of Respondent No.2.

2.

The Petitioner is aggrieved by the order passed by the Additional Commissioner, Aurangabad under Section 257 of the Maharashtra Land Revenue Code pertaining to revenue entries.

3.

The learned AGP submits that the Petitioner has

a statutory remedy of preferring a second revision in view of the judgment delivered by the Honourable Apex Court in the matter of Gurudassing Nawoosing Panjwani Vs. State of Maharashtra, [2015 (6) Mh.L.J. 915].

4.

The Honourable Apex Court has recently delivered two judgments in the matters of Virudhunagar Hindu Nadargal Dharma Paribalana Sabai Vs. Tuticorin Educational Society, 2019 SCC online SC 1292 and Genpact India Private Limited vs Deputy Commissioner Of Income Tax, decided on 22/11/2019, vide which, it is concluded that the supervisory jurisdiction of this Court under Article 227 of the Constitution of India is barred in the wake of a statutory remedy and even an admitted petition should be dismissed and the parties should be relegated to the statutory remedy. 5.

In view of the above, this petition is disposed of with liberty to the Petitioner to avail of the remedy. The time spent by the Petitioner, in this Court, from

04/03/2019 till the passing of this order shall be a ground for condonation of delay.

(RAVINDRA V. GHUGE, J.) shp/-