Chatrabhuj Bapurao Gaikwad And ANR v. Shahu Deorao Kurund

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7152 OF 2012 Chatrabhuj s/o Bapurao Gaikwad & Anr. ..PETITIONERS

VERSUS

Shri. Shahu s/o Deorao Kurund ..RESPONDENT Mr. Gunale V.D., Advocate for Petitioners;

CORAM : NITIN W. SAMBRE, J.

DATE : 11th SEPTEMBER, 2017 ORAL ORDER :

In view of the law laid down by the Apex Court in the matter of Gurudassingh Panjwani Vs. State of Maharashtra and others reported in (2016) SCC, 2013, particularly the observations made in para 29, Shri. V.D. Gunale, the learned counsel for the Petitioner, upon instructions, makes a motion for withdrawal of the petition, with liberty to prefer second revision before the State Government.

(2) 2.

The learned counsel for the Respondent, Shri. T.G. Gaikwad is not present.

3.

In view of aforesaid legal position, the writ petition stands disposed of as withdrawn with liberty to prefer second revision before the State Government under the provisions of Maharashtra Land Revenue Code, as observed by the Apex Court in the judgment of Gurudassingh Panjwani Vs. State of Maharashtra and others (supra).

4.

If an issue of limitation is raised, time consumed by the Petitioners before this court from the date of filing of the petition i.e.

21st June, 2012 till the date of this order and four weeks thereafter shall be excluded from while calculating the period of limitation. As they were bonafide pursuing the proceedings before this court.

(3) 5.

Interim order passed by this court shall continue for a period of four weeks from today. (NITIN W. SAMBRE, J.) Sam..