Sham Dhondu Sonawane v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.6486 OF 2020 Sham s/o Dhondu Sonawane Petitioner

Versus

The State of Maharashtra & others Respondents Mr.K.N.Shermale, advocate holding for Mr. Girish Nagori, advocate for the petitioner.

Mr.A.R.Kale, AGP for the Respondents.

CORAM : S.V.GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE : 22nd September, 2020.

PC :

Heard learned Counsel for the petitioner.

The appeal fled by the petitioner under Section 247 of the Maharashtra Land Revenue Code,1966, is dismissed. The learned AGP submits that the petitioner has a remedy of second appeal.

In fact, the petitioner ought not to have fled the present writ petition and should have availed remedy under Section 247 of the Maharashtra Land Revenue Code,1966. The

{2} wp648620.odt petitioner has further remedy under Section 257 of the Maharashtra Land Revenue Code,1966. Only because some time is taken by the appellate authority in deciding the appeal, would not entitle the petitioner to fle the present writ petition. Writ Petition is disposed of with liberty to the petitioner to avail alternate remedy of fling of an appeal. All the contentions are specifcally kept open. No costs. In case, the petitioner fles an appeal, the appellate authority shall take decision upon it expeditiously, preferably within three months from the date of fling of the appeal. SHRIKANT D. KULKARNI S.V.GANGAPURWALA JUDGE JUDGE adb