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Bombay High CourtWP/1292/2015disposed offdismissed for default

Bhaskar Kautik Chavan And Others v. The State Of Maharashtra And Others

2016-03-21Hon'Ble Shri Justice S V Gangapurwala2 pages

1 WP1292.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1292 OF 2015 Bhaskar Kautik Chavan and others .. Petitioners

Versus

The State of Maharashtra and others .. Respondents Shri Vijay B. Patil, Advocate for Petitioners. Shri V. M. Kagane, A. G. P. for Respondent Nos. 1 to 6. Shri Madhav M. Bhokarikar, Advocate for the Respondent No. 7. Shri Paresh B. Patil, Advocate for Respondent Nos. 8 and 9. CORAM :

S. V. GANGAPURWALA, J.

DATE : 21ST MARCH, 2016.

PER COURT :- 1.

Mr. Bhokrikar, Mr. P. B. Patil and learned A. G. P. for respondents raises a preliminary objection that the petitioner has a remedy of Revision under Section 257 of the Maharashtra Land Revenue Code against the impugned order.

2.

According to Mr. V. B. Patil, the learned counsel for the petitioner the order of the Appellate Court is not on merits but on the ground that civil suit is pending.

3.

The petitioner can agitate all these grounds before the Revisional Authority. Considering the above, writ petition is disposed of with liberty to the petitioner to avail the alternate remedy. All contentions kept open. The Authority where the Revision would be filed shall consider the time spent in

2 WP1292.15 prosecuting the present writ petition.

4.

The writ petition is disposed of. No costs.

[ S. V. GANGAPURWALA, J. ] sam/Mar.16