Subhash Jairam Demgunde v. Dattatrey Vithalrao Demgunde And Another

*1* 912wp1950o19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.1950 OF 2019 SUBHASH JAIRAM DEMGUNDE

VERSUS

DATTATREY VITHALRAO DEMGUNDE AND ANOTHER ...

Advocate for the Petitioner : Shri Deshmukh Rajiv B. Advocate for Respondent 1 : Shri Sontakke Gajanan K. ...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 13th November, 2019 Per Court:

The petitioner has challenged the order dated 20.10.2018 passed by the Additional Divisional Commissioner, Nashik under Section 257 of the Maharashtra Land Revenue Code, 1966 pertaining to mutation entry no.700.

The petitioner has a statutory remedy of approaching the State by filing a second revision in view of the judgment delivered by the Honourable Supreme Court in Gurudassing Nawoosing Panjwani vs. State of Maharashtra and others, 2016 (2) SCC 213 : 2015 (6) Mh.L.J. 915 (SC). So also, the Honourable Supreme Court has recently taken a view, in the matter of Virudhunagar Hindu Nadargal Dharma Paribalana Sabai vs. Tuticorin Educational Society, 2019 SCC Online

*2* 912wp1950o19 SC 1292 (Civil Appeal No.7764/2019 decided on 03.10.2019), that a statutory remedy available would be "near total bar" for entertaining a writ petition in the supervisory jurisdiction of this Court. The learned advocate for the petitioner submits that he may be granted six weeks time to prefer a second revision by withdrawing this writ petition.

In view of the above, this Writ Petition is disposed off, on instructions, with liberty to avail of a statutory remedy. kps (RAVINDRA V. GHUGE, J.)