Sanjay Dnyanu Pawar And Others v. Addl Collector Osmanabad And Others

*1* 903wp13590o19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.13590 OF 2019 SANJAY DNYANU PAWAR AND OTHERS

VERSUS

ADDL COLLECTOR OSMANABAD AND OTHERS ...

Advocate for the Petitioners : Shri Choudhari Sushant B. AGP for Respondent 1 : Shri S.W.Munde ...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 13th November, 2019 Per Court:

After this matter was heard on 08.11.2019, the learned advocate for the petitioners rightly raised an issue as regards whether, the impugned order has been passed under Section 29(2) or Section 29(3) of the Maharashtra Agricultural Lands (Ceiling on Holding) Act. He submitted that if the order is passed under Section 29(2), this writ petition is maintainable.

The learned AGP appearing on behalf of respondent no.1 submits, on instructions obtained from the Additional Collector, Osmanabad (Shri S.R.Yadav), that the impugned order carries a typographical mistake. It is actually an order passed under Section 29(3). In view of the above, the petitioners have a statutory remedy

*2* 903wp13590o19 for assailing the impugned order. This Writ Petition is, therefore, disposed off. If the petitioners prefer an appropriate proceeding as is permissible in law within four weeks from today, the time spent by the petitioners in this Court from 07.10.2019 until four weeks from today, would be a good ground for condonation of delay, if the question arises. kps (RAVINDRA V. GHUGE, J.)