Baburao Ganpat Gite Thro. Gpa- Somnath Baburao Gite v. The State Of Maharashtra Thro. The Collector, Ahmednagar And Another

SA 621/17 with CA 12257/17 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 903 SECOND APPEAL NO.621 OF 2017 WITH CA/12257/2017 IN SA/621/2017 BABURAO GANPAT GITE, THROUGH GPA - SOMNATH BABURAO GITE

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, AHMEDNAGAR AND ANOTHER ...

Advocate for Appellant : Shri Palodkar Devdatt P. AGP for Respondent nos.1 & 2: Shri P.M. Kulkarni CORAM: V.L. ACHLIYA, J.

DATE: 27.02.2020 PER COURT :

1] Learned counsel for the appellant, on instructions from the appellant, seeks permission to withdraw the appeal with liberty to avail appropriate remedy provided under the Maharashtra Land Revenue Code, 1966. He submits that Section 36-C of the M.L.R. Code provides express bar to entertain the suit as against the orders passed by the Collector u/s 36, 36-A or 36-B. Due to improper advice, the appellant has fled proceedings before the Civil Court challenging the order passed by the Tahsildar. The withdrawal Purshis fled by appellant is taken on record and marked as 'X' for identifcation.

2] Allowed to withdraw. Dismissed as withdrawn. The appellant will be at liberty to adopt remedy as available under law

SA 621/17 with CA 12257/17 - subject to law of limitation. Delay, if any, caused in fling such proceedings, the concerned authority may consider the time the appellant spent in prosecuting the remedy by fling civil suit. In view of withdrawal of appeal, pending civil application stands disposed of as dismissed. Interim protection, if any operating, to remain in operation for a period of four weeks from today. (V.L. ACHLIYA, J.) ndk/c272203.doc