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Bombay High CourtWP/11368/2023disposed off

Bhura Lobha Rathod Died Through His Lrs Ramnath Bhura Lobha Rathod And Others v. The State Of Maharashtra Through The Secretary And Another

2023-09-13Hon'Ble The Chief Justice,Hon'Ble Shri Justice Arun R. Pedneker2 pages

WP 11368/23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 18 WRIT PETITION NO.11368 OF 2023 BHURA LOBHA RATHOD DIED THROUGH HIS LRS RAMNATH BHURALOBHA RATHOD AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND ANOTHER ...

Advocate for Petitioners : Mr. N.K. Tungar h/f. Mr. J.M. Murkute AGP for Respondents: Mr. S.R. Yadav-Lonikar ...

CORAM : DEVENDRA KUMAR UPADHYAYA, CJ.

& ARUN R. PEDNEKER, J.

DATE : 13th SEPTEMBER, 2023.

P.C. :

1.

Heard Mr. N.K. Tungar, learned counsel for the petitioners and Mr. S.R. Yadav-Lonikar, learned AGP for respondents. 2.

By means of this petition, filed under Article 226 of the Constitution of India, prayer has been made to issue appropriate directions to consider and decide the application, said to have been made by the petitioners, dated 31.8.2021.

3.

Perusal of the said application reveals that the petitioners are aggrieved by the alleged wrong recording of names in the revenue record. It has been brought to our notice that the names of the said persons were recorded under orders passed by the subordinate officer and accordingly, unless and until, the said order is challenged by the petitioners, the grievance of the petitioners cannot be redressed.

WP 11368/23 4.

Section 247 of the Maharashtra Land Revenue Code, 1966, provides a mechanism of appeal, however, appeal has not been filed by the petitioners. In view of the aforesaid, we dispose of the writ petition, with liberty to the petitioners to file appeal under section 247 of the Maharashtra Land Revenue Code, 1966 or to take recourse to the remedies which may be available in law for redressal of their grievance.

(ARUN R. PEDNEKER, J.) (CHIEF JUSTICE) ssc/