Kailash Pundalik Pawar v. State Of Maharashtra, Through Its Secretary, Dept. Of Revenue, Mumbai And Others

1 wp577.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.577 OF 2019 (KAILASH PUNDALIK PAWAR...VS.. STATE OF MAH. THR. SEC. DEPT OF REVENUE & OTH.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.U. Bhuyar, Advocate for Petitioner.

CORAM : Z.A.HAQ, J.

DATED : JANUARY 28, 2019.

Shri S.P.Deshpande, learned Additional Government Pleader has pointed out the judgment delivered by this Court in the case of Mohommad Khan Vs. Shankar, reported in 2017 (3) Mh.L.J. 135, in which it is laid down that the order passed under the Mamalatdars' Courts Act, 1906 is not final and its illegality can be challenged before the Civil Court.

In view of the above proposition and considering the facts of the case, I am not inclined to entertain this petition.

The petition is dismissed. In the circumstances, the parties to bear their own costs.

It will be open to the petitioner to challenge the impugned orders in civil suit, if so advised. JUDGE RRaut..