Kakad Co-Operative Housing Society Limited v. The City Survey Officer (Bandra)

dtg 39-Wp-2250-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2250 OF 2024 Kakad Co-Operative Housing Society Ltd.

... Petitioner V/s.

The City Survey Officer (Bandra) & Ors.

... Respondents _______________________________________ Mr. Jagdish N. Jayale for Petitioner.

Mr. Milind More, Addl.G.P. for Respondent-State. _______________________________________ CORAM : A. S. GADKARI AND SHYAM C. CHANDAK, JJ.

DATE : 22nd January 2026 P.C. :

1) Mr. More, learned Additional G.P. submitted that, against the impugned Order dated 24th March 2021, passed by the Deputy Director of Land Records, Konkan Division, Mumbai, the Petitioner has already preferred a Revision Application No. 2621/1689/प्र.क्र.१०१/ज-३, dated 7th June 2021 before the Hon'ble Revenue Minister of the State and the same is pending for final adjudication. That the concerned Authority has granted stay to the impugned Order.

2) As the Petitioner has already availed alternate remedy under the Maharashtra Land Revenue Code, according to us, in view of the ratio laid down by the Supreme Court in the case of Bombay Metropolitan Region 1/2

dtg 39-Wp-2250-2024.doc Development Authority, Bombay Vs. Gokak Patel Volkart Ltd. & Ors., reported in (1995) 1 SCC 642, the Petition seeking same relief is not maintainable.

3) As the Revision is pending on the file of the Hon'ble Revenue Minister for more than four years, Mr. Jayale, learned Advocate appearing for Petitioner prayed that, the said Revision may be expedited. 4) In view thereof, we request the Hon'ble Revenue Minister, Maharashtra State to decide the said Revision Application No. 2621/1689/प्र.क्र.१०१/ज३dated 7th June 2021, expeditiously and preferably within a period of six months from today.

5) Petition is disposed off in the aforesaid terms. 6) It is made clear that, we have disposed off the Petition on the ground of availing alternate remedy by the Petitioner and we have not adjudicated the merits involved in the Petition. ( SHYAM C. CHANDAK, J. ) ( A.S. GADKARI, J. ) 2/2