Shri. Bhiku Sakharam Pawar Thru Poa Vikas Bhiku Pawar And ORS v. Shri. Dattatray Vitthal Pawar And ORS

2-wp14156-2022.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.14156 OF 2022 Bhiku Sakharam Pawar, through PoA Vikas Bhiku Pawar & Ors.

... Petitioners V/s.

Dattatray Vitthal Pawar & Ors.

... Respondents ATUL GANESH KULKARNI ATUL GANESH KULKARNI Date: 2024.02.21 14:37:12 +0530 Mr. Kirankumar Phakade for the petitioners.

Mrs. V.R. raje, AGP for State.

CORAM : AMIT BORKAR, J.

DATED : FEBRUARY 21, 2024 P.C.:

1.

In view of judgment of the Apex Court in Gurudassing Nawoosingh Panjwani v. State of Maharashtra & Ors. reported in (2016) 2 SCC 213, the remedy of a person aggrieved by the order of the Commissioner in exercise of power under Section 257 of the Maharashtra Land Revenue Code, 1966 is to challenge it before the State Government under Section 257 of the Code.

2.

Hence, by keeping all questions raised in this writ petition open to be agitated before the State Government, the writ petition is disposed of granting liberty to the petitioner to approach the State Government under Section 257 of the Code. 3.

The period spend in prosecuting the present writ petition

2-wp14156-2022.doc shall be excluded while considering limitation in filing Revision under Section 257 of the Code.

4.

With this clarification, the writ petition stands disposed of. No costs.

(AMIT BORKAR, J.)