Bhaurao Ramrao Shinde And Another v. The State Of Maharashtra And Others

2024:BHC-AUG:26982 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 912 WRIT PETITION NO. 11688 OF 2022 AND CIVIL APPLICATION NO. 1100 OF 2023 IN WP/11688/2022 BHAURAO RAMRAO SHINDE AND ANOTHER ....Petitioners

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS .....Respondents Mr. M. A. Kulkarni, Advocate for the petitioners Mrs. A. S. Deshmukh, AGP for the respondents/State CORAM : KISHORE C. SANT, J.

DATE : 13th NOVEMBER, 2024 P. C.

1.

The learned AGP at the outset points out that order under challenge is the order passed by the learned Additional Collector, Jalna in exercising the power under Section 247. He submits that remedy of filing revision is provided under Section 257 and the petitioner can approach the learned Divisional Commissioner.

(2) 2.

The learned advocate for the petitioner however submits that the petitioner No.1 was a party before the Collector. To his extent there is no dispute that he can avail remedy. However, petitioner No.2 was not party before the learned Collector and therefore he cannot prefer the revision. 3.

Considering the above, the writ petition can conveniently be disposed off as below;

a] The petition stands disposed off with liberty to petitioner No.1 to file revision before the learned Collector. The petitioner No.2 is at liberty to approach before the appropriate forum and avail the remedy provided under the law.

b] With this, the petition stands disposed off.

c] Pending civil applications, if any stand disposed off.

(3) d] This court has not touched the merits of the matter. All the grounds and contentions are, therefore, kept open.

[KISHORE C. SANT, J.] VishalK/912wp11688.22