Deva Laxman Gaikwad v. The State Of Maharashtra Through The Secretary And Others

2024:BHC-AUG:24235-DB W.P. No.11124/2024 :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.11124 OF 2024 Deva Laxman Gaikwad ... PETITIONER

VERSUS

The State of Maharashtra & ors.

... RESPONDENTS .......

Mr. Shubham Jaybhar, Advocate holding for Mr. D.R. Jaybhar, Advocate for petitioner Mr. A.B. Girase, Govt. Pleader for State .......

CORAM : R.G. AVACHAT AND NEERAJ P. DHOTE, JJ.

DATE : 8th OCTOBER, 2024 O R D E R :

Learned Advocate for the petitioner submits that, he restricts the petition to the prayer for directions to the concerned authority to take decision into the revision filed by the petitioner, a copy of which is at Exhibit G - Page 54 of the petition.

2.

The learned Government Pleader submits that, the said application/ appeal/ revision is filed by the petitioner under Section 258 of the Maharashtra Land Revenue Code, 1966,

W.P. No.11124/2024 :: 2 ::

which is under appellate powers and not revisional powers. He submits that, there is delay in preferring the said application before the concerned without filing the application for condonation of delay.

3.

Learned Advocate for the petitioner submits that, the petitioner would file appropriate application before the concerned authority before whom the said revision/ application is pending and will also make necessary corrections. 4.

In view of the above, we dispose of the petition with a direction to the concerned authority to consider and decide the revision/ application filed by the petitioner on its own merits, after the petitioner makes an application for condonation of delay and makes necessary corrections in the revision/ application.

(NEERAJ P. DHOTE, J.) (R.G. AVACHAT, J.) fmp/-