Adarsh Panchvati Park Vasahat Vikas Samiti, Through Secretary, Yuvraj Kisan Lodhi, Nagpur v. State Of Maharashtra Thr. Ministry Of Urban Development, Mumbai And Others

1 wp4903.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.4903/2017 Adarsh Panchvati Park Vasahat Vikas Samiti, Nagpur ..V/s..

State of Maharashtra and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.G. Karmarkar, Advocate for the petitioner. Shri H.D. Dubey, A.G.P. for respondent Nos.1 to 4, 6 to 11. Shri R.M. Wasnik, Advocate for respondent No.5. Ms Anita Bondre, Advocate for respondent No.12. Shri S.G. Jagtap, Advocate for respondent No.13. Shri P.K. Sathianathan, Advocate for respondent No.14. CORAM : RAVINDRA V. GHUGE & S.M. MODAK, JJ.

DATED : 12.2.2020.

1] We find that the impugned order is passed by the Tahsildar, Hingna under Section 143 of the Maharashtra Land Revenue Code, thereby granting a road to the complainants.

2] We find that the petitioner has a statutory and efficacious remedy considering Schedule E to Section 247 of the Maharashtra Land Revenue Code. The Hon' ble Apex Court has recently laid down in the matter of Virudhunagar Hindu Nadargal Dharma Paribalana Sabai V/s. Tuticorin Educational Society (2019 SCC Online SC 1292) in Civil Appeal No.8945/2019 vide order dated 22/11/2019 and in the matter of Genpact India Private Limited V/s. Deputy Commissioner of Income Tax, Civil Appeal No.8945/2019, dated 22/11/2019, that the writ

2 wp4903.17 jurisdiction of the High Court under it's supervisory jurisdiction and Article 227 of the Constitution of India, suffers a "near total bar". It has also held that if a petition is admitted and the statutory remedy is available, an admitted petition can be dismissed and the parties can be relegated to the statutory remedy. 3] The learned Advocate for the petitioner submits that the petitioner would resort to a remedy as is permissible under Schedule E to Section 247 of the Maharashtra Land Revenue Code and the time spent by the petitioner in this Court may be excused.

4] Considering the above, this petition is disposed off with liberty to the petitioner to avail of the remedy as is permissible in law.

5] Time spent by the petitioner in this Court from 6.5.2017 till the passing of this order, would be a good ground for condonation of delay, if any. It is made clear that no interim relief has been granted to the petitioner.

(S.M. MODAK, J.) (RAVINDRA V. GHUGE, J.) Tambaskar.