Gorakh Rangnath Survase And Others v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8562 OF 2018 GORAKH RANGNATH SURVASE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Shri Jadhavar Shivprasad G. AGP for Respondents 1 & 2 : Shri Yadav-Lonikar S.R. Advocate for Respondents 3 & 4 : Shri Humbe V.M. ...

CORAM : RAVINDRA V. GHUGE, J.

Dated: September 01, 2018 ...

PER COURT :- 1.

The petitioners seek to challenge the order of the Additional Divisional Commissioner-2, Aurangabad in relation to mutation entries. A statutory remedy is available to the petitioners by preferring a second revision before the State under Section 257 of the Maharashtra Land Revenue Code, in view of the judgment of the Honourable Supreme Court in Gurudassing Nawoosing Panjwani Vs. State of Maharashtra [2015 (6) Mh.L.J. 915].

2.

Learned Advocate for the petitioners, therefore, submits that he would lodge the Revision Petition within 15 days and the protection granted by this Court may be continued.

3.

Learned Advocate for respondents 3 and 4 and the learned AGP oppose the continuance of the relief.

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 2 - WRIT PETITION NO. 8562 OF 2018 4.

As such, this petition is disposed off with liberty to avail the remedy under Section 257 of the Maharashtra Land Revenue Code. If the said proceedings are initiated within two weeks, the ad-interim protection granted by this Court on 27.7.2018 shall be continued till 20.10.2018. Any application for seeking interim relief filed by these petitioners shall be considered by the revisional authority on it's own merits without being influenced by the order dated 27.7.2018 passed by this Court. All contentions of the litigating sides are kept open. Digitally signed by Ajay Kishanrao Losarwar Date:

2018.09.01 16:46:48 +0530 Ajay Kishanrao Losarwar ( RAVINDRA V. GHUGE, J. ) ...

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