Uday Pakash Pande And Others v. The Tahsildar, Akola And Others

70mca125-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Misc. Civil Application No.125 of 2023 In Writ Petition No.5878 of 2022 (D) Mr. UDAY PAKASH PANDE AND OTHERS VS THE TAHSILDAR, AKOLA AND OTHERS Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri J.H. Mahajan, Advocate for the Petitioners CORAM : ANIL S. KILOR, J.

DATED : 06.02.2023 1.

Heard.

2.

The review petition has been filed saying that the writ petition was disposed of on the ground of alternate remedy under the Maharashtra Land Revenue Code 1966 (in short the MLR Code"). It is submitted that the order of the Tahsildar dated 28.04.2022 passed under the provisions of MLR Code, is wrong as the Tahsildar is not complying with the order of the Maharashtra Land Revenue Tribunal and therefore, the only remedy is by way of writ petition.

3.

The prayer clause (1) of the writ petition reads thus: "1.

That, record of order no.

Ramakr/ R.T.S.-59/KAULKHED/08/2021-22 passed on 28/04/2022 and delivered on 17/08/2022 by the learned Tahsildar & Agriculture Land Tribunal, Akola may please be called and the same be quashed;"

nd.thawre

70mca125-23.odt 4.

Admittedly, the grievance before the Tahsildar is in respect of mutation entry and the order passed by the Tahsildar was under the MLR Code. As far as submission of the learned counsel for the petitioners that the Tahsildar has not complied with the order of the Maharashtra Land Revenue Tribunal, is concerned, for the said purpose the remedy is different. 5.

Accordingly, I do not find any merit in the review application, accordingly, the review application is dismissed. [ANIL S. KILOR, J.] DOMAJI THAWRE 14:32 nd.thawre