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Bombay High CourtWP/3755/2018disposedoff

Jairam S/O Doma Funde And Others v. State Of Maharashtra, Through Secretary, Revenue Dept. Mumbai And Others

2020-01-28Hon'Ble Shri Justice R.V. Ghuge2 pages

1 WP.3755-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 3755 OF 2018 ( Jairam s/o Doma Funde & Ors.

Vs.

State of Maharashtra Thr. Secretary, Revenue Department, Mantralaya, Mumbai & Ors. ) - - - -- - - -- - - -- - - -- - - -- - - - - - - - - - - - - - - - - - - - - -- - -- - -- - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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. Malode, Advocate for the Petitioners. Shri A.M. Balpande, AGP for the Respondent Nos. 1 to 3 Shri Kaustubh Deogade, Adv. h/f Shri V.S. Mishra, Adv. for the Respondent No.4 CORAM: RAVINDRA V. GHUGE, J.

DATED : 28th January, 2020.

1.

The learned Advocate points out that as the petitioners have directly approached this Court against the order passed by the S.D.O. Gondia under Section 247 of the Maharashtra Land Revenue Code, 1966 and since he has a statutory remedy available, as is evident from Schedule-E of Section 247 of the Maharashtra Land Revenue Code, 1966, this petition could be disposed of with the said liberty.

2.

The learned Advocate for the petitioners submits that the time spent by the petitioners in this Court may be excused and they would avail of the statutory remedies.

3.

In view of above, this petition is disposed off

2 WP.3755-18.odt with liberty to the petitioners to resort the statutory remedy, as is permissible in law. The time spent by the petitioners in this Court from 06.06.2018 till the passing of this order, would be a good ground for condonation of delay.

4.

Since this Court had granted protection to the petitioners vide order dated 02.07.2018 which is operative for the last 18 months, the said relief would be continued for a further period of six weeks. In the event, the petitioners move an application for interim relief before the appropriate authority, the same shall be considered independently, on its own merits. ( Ravindra V. Ghuge, J.) SD. Bhimte