Keshav Bhagwan Kathmode v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.1411 OF 2018 (Keshav Bhagwan Kathmode Vs. The State of Maharashtra and others) Mr.P.S.Paranjape, Advocate for the petitioner. Mr.S.R.Yadav-Lonikar, AGP for respondent Nos. 1 and 2. ( CORAM : RAVINDRA V. GHUGE, J.) DATE : 06/02/2018 PER COURT :

1.

The petitioner is aggrieved by the order dated 05/07/2017 by which the S.D.O. has declined to entertain the proceedings filed by the petitioner, for challenging the order of the Talathi with regard to the mutation entry No.29 dated 20/05/1996 as there is a delay of 21 years and 1 month.

2.

Though the S.D.O. has mentioned that the limitation of 5 years is prescribed u/s 257-A, I find that the proviso to Section 257(1)(a) introduced by the amendment prescribes the limitation of 5 years. 3.

Nevertheless, the petitioner can avail of the remedy of approaching the Collector or the delegated authority in the light of Schedule E to Section 247 of the M.L.R. Code. 4.

Keeping the liberty open, this petition is disposed of. ( RAVINDRA V. GHUGE, J.) khs/FEB.2018/1411-d