Babasaheb Chandrakant Mhaske Chairman Mla G.R. Mhaske Co-Op Housing Society v. The Addl. Commissioner And Others

2025:BHC-AUG:33927 989-wp-7367-2022.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7367 OF 2022 Babasaheb Chandrakant Mhaske Chairman Mla G.r. Mhaske Co-op Housing Society

VERSUS

The Addl. Commissioner And Others ...

Advocate for the Petitioner : Mr. Kasar Rajendra Sudam AGP for Respondent/State : Mr. S.G. Joshi ...

CORAM : SIDDHESHWAR S. THOMBRE, J.

DATED : DECEMBER 04, 2025 PER COURT :

1.

Heard the respective counsels.

2.

Present petition is directed against the order passed by the Additional Commissioner, Nashik in R.T.S. Revision No.213 of 2020 thereby the order passed by the Sub Divisional Officer in R.T.S. Appeal No.126 of 2016 was confirmed.

3.

Learned AGP raised a preliminary objection about maintainability of the petition by pointing out that against the impugned order, there is an alternate remedy of filing second revision before the State Government. In support of his contention, learned AGP relies upon the judgment of the Hon'ble Supreme Court in the matter of Gurudassing Nawoosing Panjwani Vs. State of Maharashtra and Others reported in 2015 AIR SCW 6277, wherein the Hon'ble Supreme Court has considered the issue by holding that the second revision before the State Government is maintainable.

989-wp-7367-2022.odt (2) 4.

In view of the above, the petition is disposed of as not maintainable. The petitioner is at liberty to file second revision before the State Government within a period of six weeks from today. 5.

The time spent while prosecuting this petition shall be taken into consideration by the State Government while considering the application for condonation of delay.

(SIDDHESHWAR S. THOMBRE, J.) Mujaheed//