Western Coalfields Limited, Chandrapur Thr. Its Area General Manager v. Dilip S/O Kashinath Butle And Others
2023:BHC-NAG:16802
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR Writ Petition No.4886 of 2022 WESTERN COALFIELDS LIMITED, BALLARPUR THR. ITS AREA GENERAL MANAGER VS DILIP S/O KASHINATH BUTLE 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 C.S. Samudra, Advocate for the Petitioner/s Ms Kirti Satpute, Advocate for the Respondent Nos.1, 2, 4 to 6 Adv. Giratkar, for the Respondent No.3 Shri Shyam Bissa, AGP for the Respondent No.7/State CORAM : ANIL S. KILOR, J.
DATED : 05.12.2023 1.
Heard.
2.
In the present matter, the orders of the Tahsildar, Rajura dated 02.12.2021 passed under the provisions of the Maharashtra Land Revenue Code (MLR Code), 1966, are under challenge. 3.
On a specific query as regards an alternate remedy, the learned counsel for the petitioner states that as the point of jurisdiction of Tahsildar is involved, this Court may entertain the writ petition without asking the petitioner to approach to the Revenue Authority by filing an appeal under Section 247 of the MLR Code.
4.
On the other hand, the learned counsel for the respondents, points out that the petitioner is raising the challenge to the orders of Tahsildar in selective manner. It is pointed out that numerous
similar orders were passed by the Tahsildar, Rajura, however, in many of the cases the petitioner has accepted the orders and even granted employment to the land affected persons and hence, the present writ petition is filed.
5.
Considering the above referred fact that the petitioner is selective and has not challenged all other similar orders passed by the Tahsildar, I am not inclined to exercise the jurisdiction under Articles 226 and 227 of the Constitution of India. 6.
At this stage, the learned counsel for the petitioner states that if the appeal is filed under Section 247 of the MLR Code, the period exhausted in pursuing the present writ petition may be directed to consider by the Revenue Authority while considering the point of limitation,.
7.
The learned counsel for the respondents oppose the said request.
8.
Accordingly, the writ petition is disposed of, as the petitioner is having the alternate remedy under the provisions of the MLR Code.
9.
If such appeal/revision is filed, the authority, while considering the issue of limitation, shall take into consideration the time period spent by the petitioner in pursuing the present writ petition i.e. from 19.07.2022 till today.
10. Considering the nature of dispute, if the appeal/revision is filed within the period of four weeks from today and if the copy of such appeal/revision is supplied to the respondents in advance,
the Revenue Authority shall decide the appeal/revision within three months from the date of appearance of the respondents, after hearing both the parties.
11.
All points are kept open.
[ANIL S. KILOR, J.]