Tukaram Kundla Sawant And Others v. The State Of Maharashtra And Others

48-WP-9448-2019 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 48 WRIT PETITION NO. 9448 OF 2019 TUKARAM S/O KUNDLA SAWANT AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS .....

Advocate for Petitioners : Mr. Irpatgire A.N. AGP for Respondent Nos. 1 to 6-State : Mr. K. B. Jadhavar Advocate for Respondent Nos. 7 to 10 : Mr. B. N. Patil .....

CORAM : V. K. JADHAV, J.

DATED : 13thJANUARY, 2020 PER COURT:- I find no substance in this Writ Petition. By suppressing material facts, the petitioners have obtained interim relief from this Court. It appears that the parties have not availed the remedy strictly in terms of the provisions of Section 33 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961. However, the petitioners have already approached the State and fled a revision bearing No. 20148/PK/279/07-A which is still pending. The petitioners have suppressed the said fact of preferring a revision before the State and also pendency of the said revision. Even meanwhile, the petitioners have also sought review of the order passed by the Additional Commissioner. in view of the same, the petitioners, since already availed the alternate efcacious remedy, this Writ Petition is dismissed. However, the petitioners

48-WP-9448-2019 -2are at liberty to prefer Writ Petition against the order of the Minister passed in the revision, if so desired. ( V. K. JADHAV, J.) vre/