Kerappa Babu Malage And ORS. v. The State Of Maharashtra Through The Secretary And ORS.

SKN 1/1 12398.18-wp.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12398 OF 2018 Kerappa Babu Malage and others.

...

Petitioner.

V/s.

The State of Maharashtra and others.

...

Respondents.

Mr.Rupesh K. Bobade for the petitioners.

Mr.P.P.More, AGP for the respondents.

CORAM :

A.S.OKA AND M.S.SONAK, JJ.

DATE :

25th October 2018.

P.C.:

Not on board. Taken up on board.

2.

Heard the learned counsel appearing for the petitioners and the learned AGP for the respondents. The challenge is to the order dated 10th April 2018 passed by the Tahasildar in exercise of powers under sub­ section (7) of section 48 of the Maharashtra Land Revenue Code, 1966. Admittedly, seven out of fourteen petitioners have already availed remedy of a statutory appeal against the said order. As an alternate efficacious remedy is available, we decline to entertain this appeal. 3.

The learned counsel appearing for the petitioners prays for stay for a limited period. As the impugned order is passed on 10th April 2018, there is no reason to grant limited protection. The petitioners can always seek interim relief from the appropriate authority. Subject to what is observed above and by keeping the statutory remedy open, the petition is disposed of. All contentions are kept open. (M.S.SONAK, J.) (A.S.OKA, J.)