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Bombay High CourtWP/9901/2019disposed offdismissed for default

Vithoba Dajiba Aghav And Another v. Ginyadeo Dajiba Aghav Through Lrs Sadashiv Ginyaneo Aghav And Others

2019-08-07Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

1 p2 wp9901-19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 9901 OF 2019 Vithoba Dajiba Aghav & Anr.

...Petitioners

Versus

Giyandeo Dajiba Aghav (Dies through LRs) ...Respondents .......

Mr. D.A.Bide holding for Mr.P.G.Tambade, Advocate for the Petitioners.

Mr. N.T.Bhagat, A.G.P. Advocate for the Respondent Nos. 2 to 5.

.......

CORAM :

RAVINDRA V. GHUGE, J.

DATE :

07-08-2019.

PER COURT :

01.

This matter was not on board. A motion was moved expressing an urgency. The learned A.G.P. pointed out that the petitioner has a statutory remedy by filing a second revision before the State. Hence, taken on the production board.

02.

The Additional Divisional Commissioner, Aurangabad has passed the Order dated 11.4.2019 thereby reviewing his earlier Order dated 8.6.2018. The impugned Order is passed under Section 258 of the M.L.R. Code and by the said Order, the earlier Order of the same authority

2 p2 wp9901-19 delivered under Section 257, has been reviewed. 03.

The petitioners therefore, will have a right to prefer a second revision before the State in the light of the Judgment of the Honourable Apex Court in the matter of Gurudassing Nawoosing Panjwani V/s State of Maharashtra [(2016) 2 SCC 213].

04.

As such this petition is disposed off. If the petitioners avail the statutory remedy, the time spent by them in this Court from 29.7.2019 till passing of this Order, shall be considered as a good ground for condonation of delay.

[RAVINDRA V. GHUGE] JUDGE Dahibhate/-