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Bombay High CourtWP/10911/2017disposed offdismissed for default

Chandrashekhar Trimbak Swami v. Pandurang Rama Chavan And Others

2019-11-15Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 935 WRIT PETITION NO.10911 OF 2017 CHANDRASHEKHAR TRIMBAK SWAMI

VERSUS

PANDURANG RAMA CHAVAN AND OTHERS ...

Advocate for Petitioner : Shri Dahiphale B.B. h/f Shri Patil N.P.Jamalpurkar AGP for Respondents 10 to 13 : Shri Kale A.R. ...

CORAM : RAVINDRA V. GHUGE, J.

Dated: November 15, 2019 ...

PER COURT :- 1.

The petitioner seeks to challenge the order of the Additional Commissioner, Aurangabad dated 4.11.2016, passed under Section 257 of the Maharashtra Land Revenue Code.

2.

The learned AGP submits that considering that the impugned order pertains to the mutation entries, the petitioner will have to approach the State by filing a second revision in view of the law laid down by the Honourable Apex Court in the matter of Gurudassing Nawoosing Panjwani Vs. State of Maharashtra ( 2016) 2 SCC 213].

3.

I find that the Honourable Apex Court has recently taken a view in Virudhunagar Hindu Nadargal Dharma Paribalana Sabai Vs. Tuticorin Educational Society [2019 SCCOnline SC 1292], akl/d

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 2- WRIT PETITION NO.10911 OF 2017 concluding that a statutory remedy will be "Near Total Bar" for entertaining a Writ Petition in the supervisory jurisdiction of the High Court under Article 227 of the Constitution of India. 4.

In view of the above, this petition is disposed off with liberty to the petitioner to prefer a second revision on/or before 31.12.2019 and the time spent in this Court from 19.6.2019 until 31.12.2019 shall be considered as a good ground for condonation of delay. ( RAVINDRA V. GHUGE, J. ) ...

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