Ganesh S/O Vitthaldas Chandak v. State Of Maharashtra, Thr. Ministry Of Revenue, Mumbai And Others

46-wp-2389 of 2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition (WP) No. 2389 of 2021 Ganesh S/o Vitthaldas Chandak

Versus

State of Maharashtra, through Ministry of Revenue Mantralaya, Mumbai and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Ms. A.P.Gupta, Advocate for the petitioner.

Ms. Sonia Thakur, AGP for the respondent nos. 1 to 3/State.

CORAM : ANIL S. KILOR, J.

DATED : 7th FEBRUARY, 2024.

In the present matter, the order dated 22nd February, 2016 passed by the Tehsildar, Hingna, is under challenge in this writ petition.

2.

The present matter pertains to the revenue entries and there is an alternate remedy available to the petitioner under Section 247 of the Maharashtra Land Revenue Code, 1966 (in short hereinafter referred as 'MLR Code, 1966') by way of appeal.

3.

In that view of the matter, the petitioner seeks permission to withdraw the present writ petition with liberty to file an appeal as provided under Section 247 of the MLR Code, 1966.

SKNair

46-wp-2389 of 2021.odt 4.

Permission is granted to withdraw the present writ petition with liberty as prayed for. 5.

It is made clear that if such appeal is filed, the period from 31st October, 2018 i.e. on which the present petition was filed till today shall be considered as the period exhausted by the petitioner in pursuing the wrong remedy, while considering the point of limitation.

6.

The writ petition is disposed of as withdrawn.

[ANIL S. KILOR, J.] SKNair