Smt. Anusaya Sitaram Mahajan v. State Of Maharashtra, Through Its Secretary, Revenu And Forest Department, Mumbai

1 46-WP-2930-2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 2930 OF 2020 (Smt. Anusaya Sitaram Mahajan Vs. State of Maharashtra & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri P.S. Patil, Advocate for the petitioner. Ms. N.P. Mehta, Assistant Government Pleader for respondent Nos. 1, 2 and 4/ State. Shri N.R. Saboo, Advocate for respondent No.3. CORAM : A. S. CHANDURKAR AND ANIL L. PANSARE , JJ.

D ATE : DECEMBER 13 , 202 2 .

It is seen that the impugned communication dated 7/7/2020 issued by the Collector is pursuant to the petitioner's application dated 31/3/2018 seeking allotment of open land under Rule 31A of the Maharashtra Land Revenue (Disposal of Government Lands) Rules, 1971.

Shri Saboo, learned Counsel appearing for respondent No.3 submits that remedy of filing appeal under Section 247 of the Maharashtra Land Revenue Code, 1966 (for short "the Code") is available to the petitioner. In view of aforesaid, instead of entertaining the Writ Petition, leave is granted to the petitioner to invoke alternate remedy under Section 247 of the Code. If the said proceedings are instituted within a period of four weeks from today, the same shall be entertained on merits without going into the question of delay.

The Writ Petition is disposed of.

(ANIL L. PANSARE, J.) (A. S. CHANDURKAR, J.) SUMIT AGRAWAL