Smt. Housabai Rajaram Gaikwad (Since Decd) Through Lrs. Vitthal Rajaram Gaikwad v. The Sub-Divisional Officer, Wai Sub-Division And ORS.

mub 32 wp5031.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5031 OF 2015 Smt. Housabai Rajaram Gaikwad (since decd.) through LRS Vitthal Rajaram Gaikwad ...

Petitioner vs.

The Sub­Divisional Officer, Wai Sub­Division & Ors.

...

Respondents .....

Mr. K.K. Malpathak for the petitioner.

....

CORAM : M.S. SONAK, J.

DATE : 18th NOVEMBER, 2015.

P.C.:

1.

The petitioner had instituted Revision Petition No. 19 of 99 to challenge the order of ALT dated 15/01/1965 after inordinate delay of 34 years, even though, the provision contained in Section 76A of the Bombay Agricultural Tenancy Act prescribed limitation period of one year. In such circumstances, the Maharashtra Revenue Tribunal (MRT) was justified in interfering with order made by the Revisional Authority. There is no jurisdictional error in the making of the impugned order. This petition is therefore dismissed. However, it is clarified that the dismissal of this petition shall not preclude the petitioner from pursuing any other remedy, if available in law. With the aforesaid observation this petition is disposed of there shall be no order as to costs. (M.S. SONAK, J.)