Prayagbai Narhari Chibhade And Others v. Shrihari Limbaji Chibhade And Others

30 WP 11710 21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 30 WRIT PETITION NO.11710 OF 2021 PRAYAGBAI NARHARI CHIBHADE AND OTHERS

VERSUS

SHRIHARI LIMBAJI CHIBHADE AND OTHERS ...

Advocate for Petitioners : Mr. Deshmukh Arvind S. AGP for Respondent Nos. 3 to 5/State : Mr. P. N. Kutti.

CORAM

: MANGESH S. PATIL, J.

DATE : 25.10.2021.

PER COURT :

Heard. Learned A.G.P. waives service for the respondent Nos. 3 to 5. 2.

The petitioners had preferred an appeal under Section 247 of the Maharashtra Land Revenue Code, 1966. The learned Sub Divisional Officer had remanded the matter to the Tahsildar for decision afresh. It is thereafter that the order impugned in this Writ Petition is passed by the learned Tahsildar.

3.

Needless to state that even if the petitioners are now aggrieved by the order passed by the Tahsildar they would have to revert back to the remedy of appeal under Section 247 of the Code and go before the Appellate Court i.e. Sub Divisional officer once again. There is a hierarchy of authorities in the Chapter No. XIII of the Maharashtra Land Revenue Code. 4.

With such liberty to the petitioner to take recourse to the appropriate remedy before the appropriate forum. The Writ Petition is dismissed. (MANGESH S. PATIL, J.) mkd/- 1/1