Waheedabee Maulasaheb v. Khaja Rahim Jahagirdar And Others

916-wp-9120-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 9120 OF 2018 WAHEEDABEE MAULASAHEB

VERSUS

KHAJA RAHIM JAHAGIRDAR AND OTHERS ...

Advocate for the Petitioner : Shri A. V. Patil Indrale Advocate for Respondent No.1 : Shri G.D. Kale AGP for Respondent Nos.2 to 4 : Shri P. N. Kutti ...

CORAM : RAVINDRA V. GHUGE, J.

DATED : 23rd OCTOBER, 2018.

...

PER COURT :

1.

The petitioner has raised a peculiar grievance. His revision Nos. 364/2008 and 365/2008 were being heard together all along for the last 10 years under Section 257 of the MLR Code. Surprisingly, the Additional Divisional Commissioner, Aurangabad segregated the Revision Petitions and has decided only Revision No. 364/2008 keeping Revision No. 365/2008 pending.

2.

Considering the above, this petition is disposed off by directing respondent No. 4 Additional Divisional Commissioner, Aurangabad to decide Revision No. 365/2008

916-wp-9120-18.odt filed by this petitioner, as expeditiously as possible and in any case on or before 31/01/2019.

3.

In the meanwhile, since the statutory remedy is available to the petitioner in view of the judgment of the Honourable Apex Court in Gurudassing Nawoosing Panjwani Vs. State of Maharashtra 2015 (6) Mh. L.J. 915, by which the second revision can be filed for challenging the order dated 25/06/2018 in Revision No. 364/2008, this petition is not being entertained and liberty is granted to the petitioner to take steps for resorting to the remedy of filing a second revision.

(RAVINDRA V. GHUGE, J.) shp/-