Maqbool Pashasaab Bagwaan And Another v. Vazir Nabisaab Bagwaan Through Its Power Of Attorney Holder Mujamil Vajirsaab Bagwan And Others

2023:BHC-AUG:26173 WP 3468/22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 971 WP/3468/2022 MAQBOOL PASHASAAB BAGWAAN AND ANOTHER VS VAZIR NABISAAB BAGWAAN THROUGH ITS POWER OF ATTORNEY HOLDER MUJAMIL VAJIRSAAB BAGWAN AND OTHERS ...

Advocate for petitioner : Mr. R.R. Deshmukh AGP for Respondents 9 & 10 : Mr. N.S. Tekale Advocate for respondent 1 : Mrs. A.N. Ansari ...

CORAM : ARUN R. PEDNEKER, J.

DATED : 13/12/2023 PER COURT :

1.

Heard the learned counsel for the respective parties. 2.

The learned counsel for the petitioner relies upon the judgment of this Court delivered in Writ Petition No.6053/2019 dated 24.1.2022 (Mrs. Maharukh Jamshed Engineer Vs. State of Maharashtra & Ors.) to contend that against the impugned order in this writ petition which is passed on application for condonation of delay, appeal lies under section 247 of the Maharashtra Land Revenue Code before the Deputy Director of Land Records.

3.

The learned AGP submits that in view of the judgment of this Court, appeal is maintainable before the Deputy Director of Land Records under section 247 of the M.L.R. Code. The learned counsel appearing for private respondents also concedes that the order is challengable under section 247 of M.L.R. Code.

4.

In view of the same, the impugned order dated 25.10.2021 passed

WP 3468/22 by the Deputy Director of Land Records, Aurangabad holding that the appeal is not maintainable under section 247 of M.L.R. Code is quashed and set aside. The matter is remitted back to the Deputy Director of Land Records, Aurangabad to decide the same in accordance with law. The writ petition is allowed and disposed of accordingly. [ARUN R. PEDNEKER J.] ssc/