Husseni Masa Kale Decd. Thr Lhr Baliram Huseni Kale v. Moh. Salim Akabarsab Pajnighar And ORS

AGP 66.WP.4704.22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by AARTI G PALKAR Date:

2022.04.21 14:54:59 +0530 AARTI PALKAR CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4704 OF 2022 Shri. Husseni Masa Kale & Anr.

....

Petitioners

Versus

Moh. Salim Akabarsab Rajnighar & Ors.

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Respondents Mr. Ashok B. Tajane for the Petitioners.

Mr. P.P. Pujai, AGP for State.

CORAM : A.S. GADKARI, J.

DATE : 19th APRIL, 2022 P.C. :

At the outset, learned AGP raised a preliminary objection and submitted that, against the impugned Order dated 4th July 2018 passed u/s.247 by Respondent No.3, a remedy by way of filing substantive revision u/s.257 of the Maharashtra Land Revenue Code, 1966 is available at the disposal of Petition and without availing the said remedy, the Petitioners have directly approached this Court invoking jurisdiction under Article 227 of the Constitution of India.

2.

Facing with the said difficulty, learned Advocate for the Petitioners on instructions seeks leave to withdraw present Petition with liberty to file a revision as contemplated u/s. 257 of the Maharashtra Land Revenue Code, 1966 before the appropriate Authority.

AGP 66.WP.4704.22.doc Leave and liberty granted.

2.

Petition is disposed of as withdrawn with aforesaid liberty. 3.

It is needless to mention that, the Petitioner will get benefit as contemplated u/s.14 of the Limitation Act, 1963 for pursuing present Petition before this Court.

(A.S. GADKARI, J.)