Bombay High CourtWP/5122/2016dispossed offdismiss for default

Smt. Indira Wd/O Laxman Thakre And Others v. City Survey Officer, Nagpur And Others

2016-11-21Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Mrs. Justice Swapna Joshi1 pages

1 wp5122.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.5122 OF 2016 [Smt. Indira wd/o Laxman Thakre and others .vs. City Survey Officer No.1, Administrative Building, Civil Line, Nagpur 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 N.G. Jetha, counsel for the petitioners, Shri Nikhil Joshi, AGP for respondent no.1, Shri K.B. Ambilwade, counsel for respondent nos.2 to 5 and 7. ..........

CORAM : SMT. VASANTI A NAIK AND MRS. SWAPNA JOSHI, JJ.

DATED : NOVEMBER 21, 2016.

The learned Assistant Government Pleader and the learned counsel for the respondent nos.2 to 5 and 7 raise a preliminary objection to the tenability of the writ petition. It is stated that in stead of availing the alternate remedy that is available under the provisions of the Maharashtra Land Revenue Code, the petitioner has filed the writ petition. Shri Jetha, the learned counsel for the petitioner states that the petitioner would avail the alternate remedy. In view of the aforesaid, we dispose of the writ petition with no order as to costs. The points raised in the petition are kept open.

JUDGE JUDGE Gulande, PA