Meena Wd/O. Pravin Maloo And Another v. Tahsildar, Amravati And Others

wp3256.25.O.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.3256 OF 2025 (Meena wd/o Pravin Maloo and another Vs. Tahsildar, Amravati and others) ---------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

---------------------------------------------------------------------------------------------------------------------------------- Mr. Kshitij Jain, Advocate for Petitioners.

Ms. Kavita H. Bhondge, AGP for Respondent No.1/State. Mr. J. J. Chandurkar, Advocate for Respondent Nos.4 to 11. CORAM: PRAFULLA S. KHUBALKAR, J.

DATE: 19 th AUGUST, 2025.

1.

Heard Advocate Mr. Kshitij Jain, learned counsel for petitioners.

2.

By this petition, the petitioners have challenged order dated 06.05.2025 passed by the respondent No.1 - Tahsildar, Amravati in proceedings No.RTS-85/Reosa11/2024-25 and the consequential mutation in the 7/12 extract. The petitioners have raised several grounds challenging the impugned order alleging suppression of material facts by the respondent and pendency of the civil suit in between the parties and it is submitted that the impugned order is passed without affording proper opportunity of hearing to the petitioners.

3.

The respondents have raised challenge to the maintainability of the petition on the ground of alternate remedy by pointing out that the challenge to the order passed by the respondent No.1 Tahsildar can be raised by

wp3256.25.O.odt way of appropriate proceedings under the Maharashtra Land Revenue Code.

4.

Although the counsel for petitioners have raised several contentions challenging the legality of the impugned order the same can be raised and agitated before the appellate authority. As such in view of alternate remedy no indulgence is warranted under Article 227 of the Constitution of India. The petition is therefore, dismissed on account of alternate remedy. The petitioners are at liberty to initiate appropriate proceedings. All issues are kept open. Writ petition is disposed of.

(PRAFULLA S. KHUBALKAR, J.) NSN