Bhanudas Chandrakant Todankar v. Jagdish Narayan Todankar And ORS

CRP 1 907-WP-2898--2016 .doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2898 OF 2016 Bhanudas Chandrakant Todankar ...

Petitioner V/s.

Jagdish Narayan Todankar & Ors.

...

Respondents Mr. P. M. Khankar, for the Petitioner.

Mr. S. D. Rayrikar, AGP, for the Respondent­State. Mr. Sourabh Railkar, for the Respondent No.1. CORAM : A. S. GADKARI, J.

DATE : 28th JUNE, 2019.

P.C.:­ 1] The Order impugned herein dated 22nd January 2015 is passed by the Additional Commissioner, Kokan Division, Mumbai, under Section 257 of the Maharashtra Land Revenue Code, 1966. 2] At the outset, the learned AGP raised a preliminary objection and submitted that, a further Revision under Section 257 of the Maharashtra Land Revenue Code, 1966 is maintainable before the State Government. He relies on a decision of the Hon'ble Supreme Court in the case of Gurudassingh N. Panjwani Vs. State of Maharashtra & Others, reported in (2016) 2 SCC 213. 3] In view thereof, the learned counsel for the petitioners, on 1/2

CRP 2 907-WP-2898--2016 .doc instructions, seeks leave to withdraw the present petition with liberty to file a revision under Section 257 of the Maharashtra Land Revenue Code, 1966 before the State Government, impugning the Order dated 22nd January 2015.

Leave and liberty granted.

Petition is disposed off with the aforesaid liberty. 4] It is needless to mention that the present petition is disposed off on the basis of the preliminary objection raised by the learned AGP and this Court has not dealt with the merits involved the present petition.

(A.S. GADKARI, J.) 2/2