Badamrao Nanasaheb Mhaske v. The State Of Maharashtra And Others
2025:BHC-AUG:18109 wp 7748.13.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 37 WRIT PETITION NO. 7748 OF 2013 Badamrao Nanasaheb Mhaske
VERSUS
The State Of Maharashtra And Others ...
Advocate for the Petitioner : Mrs. M.A. Kulkarni AGP for Respondents: Mr. K B Jadhavar Advocate for Respondent 6 : Mr. B.R. Kedar ...
WITH CIVIL APPLICATION NO. 10705 OF 2024 IN WP/7748/2013 CORAM : S. G. CHAPALGAONKAR, J.
Dated : July 10, 2025 PER COURT :- 1.
Heard learned advocates appearing for the respective parties.
2.
Mr. Kedar, learned advocate appearing for respondent no.6 relying upon the judgment of the Hon'ble Supreme Court in case of Gurudassing Nawoosing Panjwani Vs. State of Maharashtra and others. reported in 2015 AIR SCW 6277, submits that second revision is maintainable under section 257 of the Maharashtra Revenue Code before State Government. Impugned order is passed by learned Divisional Commissioner in exercise of revisional jurisdiction, however, in view of the law laid down by the Supreme Court of India, petitioner has an
wp 7748.13.odt alternate and efficacious remedy of filing Revision before the Hon'ble Minister.
3.
In view of the alternate efficacious remedy, writ petition stands disposed of with liberty in favour of the petitioner to approach the Hon'ble Minister against the impugned order dated 23.7.2013. In case, petitioner files revision application within a period of six weeks from today, time spent in prosecuting present writ petition shall be considered for purpose of limitation. The interim relief as granted by this Court under order dated 25.9.2013 shall remain in force during pendency of revision application. Considering the time spent in pursuing remedy of writ petition, the Hon'ble Minister is requested to decide the Revision Application within a period of six (6) months from date of presentation.
4.
Pending civil application, if any, also stands disposed of. ( S. G. CHAPALGAONKAR ) Judge ...
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