Shivaji Ramkrushna Sawase And Others v. Hari Narayan Chalak Through Lrs Nagnath Haribhau Chalak And Others

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 6593 OF 2018 SHIVAJI RAMKRUSHNA SAWASE AND OTHERS

VERSUS

HARI NARAYAN CHALAK AND OTHERS Advocate for Petitioners : Mr. C.V. Thombre.

Advocate for Respondent Nos. 1-A to 1-C : Mr. P.A. Bhosale. AGP for Respondent Nos. 2 to 7 : Mr. S.R. Yadav. CORAM : RAVINDRA V. GHUGE, J.

Dated : 18th September, 2018.

PER COURT :

1.

This matter was not on board. The Learned counsel for the respondent circulated this matter stating that a statutory remedy in preferring a second revision under Section 257 of the MLR Code is available to the petitioners in view of the judgment of the Hon'ble Apex Court in the matter of Gurdassing Nawoosing Panjwani Versus State of Maharashtra and others [(2016) 2 SCC 213]. 2.

Learned counsel for the petitioners submits that there was an interim protection during the pendency of the proceedings before the Additional Divisional Commissioner. It is, however, undisputed that this Court has not granted any relief to the petitioner while issuing notice and there has been no protection to

these petitioners from 12th January, 2018.

3.

Considering the above, this petition is disposed of with liberty to the petitioners to approach the revisional authority. In the event the petitioners prefer their revisional petition within four weeks from today, the time spent by the petitioners in this Court from 26th June, 2018, till the passing of this order shall be considered as a good ground for condonation of delay. ( RAVINDRA V. GHUGE, J. ) S.P.C.