Kamala Madhav Lohar And ORS v. The State Of Maharashtra Thr Secretary And ORS

k 1/2 14 wp 542.25 as.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.542 OF 2025 Kamala Madhav Lohar & Ors.

....Petitioners V/S The State of Maharashtra & Ors.

....Respondents _________ Mr. Kanhaiya S. Yadav for the Petitioners.

Ms. V.S. Nimbalkar, AGP for Respondents/State. __________ CORAM: SANDEEP V. MARNE, J.

DATE : 13 JANUARY 2025.

P.C.:

1.

It appears that Petitioners have alternate efficacious remedy before the learned Minister (Revenue) to set up a challenge against the order dated 14 October 2024 passed by the Additional Divisional Commissioner, Konkan Division. Merely because the Additional Collector erroneously referred to the provisions of section 257 of the Maharashtra Land Revenue Code, 1966 (the Code) while deciding proceedings before him, it would not mean that what is decided by him is the revision. The Additional Collector has actually decided appeal against the order passed by the Sub Divisional Officer on 1 October 2021 under provisions of Section 248 of the Code. In that view of the matter, further revision against the order passed by the Additional Divisional Commissioner would be maintainable katkam Page No.

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k 2/2 14 wp 542.25 as.doc before the State Government. I am therefore not inclined to entertain the present Petition. Leaving open the remedy for the Petitioners to prefer the revision application before the learned Minister (Revenue), Writ Petition is disposed of. 2.

Time spent in prosecuting the present Petition shall be considered while condoning the delay in preferring the revision. (SANDEEP V. MARNE, J.) by SUDARSHAN RAJALINGAM KATKAM Date:

2025.01.15 17:41:03 +0530 SUDARSHAN RAJALINGAM KATKAM katkam Page No.

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