Dinesh Kawdu Chavhan v. The Additional Collector, Yavatmal And ORS.
2025:BHC-NAG:2015 1 wp 1092.25.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR Writ Petition No.1092/2025 Dinesh V Additional Collector, Yavatmal and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A.R. Ingole, Advocate for petitioner.
Ms Bawankule, AGP for resp. nos.1to 4.
CORAM : A.L. Pansare , J.
DATE : 27-02-2025.
Learned AGP submits that the petitioner's counsel despite having knowledge that alternate efficacious remedy is available under the provisions of the Maharashtra Land Revenue Code ('MLR Code', for short) is repeatedly filing such petitions to get rid of the issue of limitation.
ii.
Thus, it is argued that by seeking liberty to approach the appropriate authority under the provisions of the MLR Code, the counsel is pursuing alternate remedy which is otherwise barred by limitation. Learned AGP further submits that filing of such writ petitions, despite having knowledge of alternative remedy, is contemptuous.
iii.
There appears substance in the submission made by learned AGP. If henceforth, such a plea of withdrawal with liberty to approach the appropriate authority is putforth, the
2 wp 1092.25.odt same will be viewed seriously and will be followed by an appropriate order. With the above observations, the petitioner is permitted to withdraw the petition and to avail alternative remedy, if there is no other legal impediment in approaching appropriate authority under the provisions of the MLR Code. iv.
Petition is disposed of as withdrawn in the above terms.
(A.L. Pansare , J. ) Deshmukh