Siraj Abbas Quireshi v. The State Of Maharashtra And Others

920 wp.15086.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

920 WRIT PETITION NO. 15086 OF 2017 SIRAJ ABBAS QUIRESHI

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. Mobin H. Shaikh. AGP for Respondent Nos.1 to 5 : Mr. P. N. Kutti. Advocate for Respondent No.6 : Mr. A. M. Kulkarni. ...

CORAM :

V. K. JADHAV, J.

DATE :

21st December, 2017.

ORDER:

.

The learned counsel for Respondents has raised a preliminary objection that by way of provisions of Section 249 subSection (2) of the Maharashtra Land Revenue Code, alternate efficacious remedy is available to prefer an appeal before the State Government.

The learned counsel for Petitioner submits that the Petitioner will file an appeal before the State Government as provided under Section 249 of the Maharashtra Land Revenue Code, however, till filing of the appeal before the State Government, the status-quo with regard to Mutation Entry No.1034 may be directed.

920 wp.15086.17.odt In view of the above submissions, the writ petition is disposed of as withdrawn with liberty to prefer an appeal before the State Government under the provisions of Section 249 of the Maharashtra Land Revenue Code, 1966. If such an appeal is preferred within three weeks from the date of this order, till filing of the appeal, there would be status-quo in respect of Mutation Entry No.1034 and the Appellate authority may also consider the time spent in prosecuting the present writ petition, if there is a delay in filing the appeal.

[ V. K. JADHAV, J. ] ndm