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Bombay High CourtWP/1508/2016dismissed

Shri Baburao Bandu Patil v. Hayatabi Shivgonda Patil And ORS

2016-02-03Hon'Ble Shri Justice M.S. Sonak2 pages

mub p33 wp 1508.16.odt FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1508 OF 2016 ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­ Office Notes, Office memorandum of Coram, appearance, Court's Court's or orders or directions & Judge's orders.

Registrar's orders.

Mr. G.N. Salunkhe for the petitioner.

Ms. Aparna Vhatkar, AGP for the respondent state. .....

CORAM :

M. S. SONAK, J.

DATE : 03.02.2016.

P.C. :­ 1.

Not on board. Upon production taken on board.

2.

The challenge in this petition is to the order dated 17/12/2015 made by the Sub­Divisional Officer rejecting the petitioners application questioning maintainability of proceeding before the Sub­Divisional Officer.

3.

As against the impugned order the petitioner has a remedy by way of instituting a revision petition under Section 257 of the code. This being alternate, efficacious and statutory remedy available to the petitioner there is no reason to entertain the present petition. This petition is dismissed. However liberty is granted to the petitioner to challenge the impugned order by availing the alternate remedy if he so 1/2

mub p33 wp 1508.16.odt desires.

4.

The petition is dismissed with liberty as aforesaid.

(M.S. SONAK, J.) 2/2