Hirabai Eknath Khetmalas And Others v. The State Of Maharashtra And Others

*1* 928wp6108o18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.6108 OF 2018 HIRABAI EKNATH KHETMALAS AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for the Petitioners : Shri Latange V.P. AGP for Respondents 1 to 6 : Shri N.T.Bhagat. Advocate for Respondent 7 : Shri N.B.Narwade. ...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 26th February, 2019 Per Court:

The Petitioners are aggrieved by the order dated January, 2018 (the date on which the order is passed is not mentioned) passed by the Additional Commissioner, Nashik under Section 257 of the Maharashtra Land Revenue Code.

The learned AGP points out that the Honourable Supreme Court has delivered the judgment in the matter of Gurudassing Nawoosing Panjwani vs. State of Maharashtra and others, 2016 (2) SCC 213 : 2015 (6) Mh.L.J. 915, concluding that a statutory second revision under Section 257 of the Maharashtra Land Revenue Code would be maintainable before the State.

The learned Advocate for the Petitioners submits that in view

*2* 928wp6108o18 of the said judgment of the Honourable Supreme Court, the Petitioners would avail of the statutory remedy and would prefer the revision within four weeks from today. However, the time spent by the Petitioners in this Court may be condoned as they would prefer the revision within four weeks from today.

In view of the above, this Writ Petition is disposed off. Needless to state, the Petitioners are at liberty to avail of a statutory remedy by preferring a second revision. If such revision is filed within four weeks, the time spent by the Petitioners in this Court from 13.04.2018 until four weeks from today, would be a good ground for condonation of delay. All contentions of the litigating sides are kept open. kps (RAVINDRA V. GHUGE, J.)