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Bombay High CourtWP/4243/2018disposed off

Krishna Ananda Kadam And ORS. v. The State Of Maharashtra Through The Secretary And ANR.

2019-07-29Hon'Ble Shri Justice A.S. Gadkari2 pages

ssm 1 30-wp4243.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4243 OF 2018 Krishna Ananda Kadam & Ors.

.....Petitioners.

Vs.

The State of Maharashtra & Anr.

.....Respondents.

Mr. Sachin Hande for the Petitioners.

Mr. S.D. Rayrikar AGP, for the Respondent­State. CORAM : A. S. GADKARI, J.

DATE : 29th JULY, 2019.

P.C.:­ The impugned Order dated 20th February, 2016, is passed by the Sub­Divisional Officer, Vita Sub­Division, Vita, Sangli under Section 257 of the Maharashtra Land Revenue Code,1966 (for short, "the Code").

At the outset, the learned AGP raised a preliminary objection and submitted that, in view of the 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, a further Revision under Section 257 of the Code, is maintainable before the State Government and without availing the said remedy, the Petitioners have approached this Court.

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ssm 2 30-wp4243.18.doc In view thereof, the learned counsel for the Petitioners, on instructions, seeks leave to withdraw the present Petition with liberty to file a substantive Revision before the State Government under Section 257 of the Code.

Leave and liberty granted.

Writ Petition is accordingly disposed off, as withdrawn with aforesaid liberty.

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