Subhash Murlidhar Chavhan v. The State Of Maharashtra Through Its Secretary And Others

(1) 947-wp-7002-2024 & ors..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7002 OF 2024 SHAINBEGAM WAHED MOMIN

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

Mr. Mahesh P. Kale, Advocate for the Petitioners. Mr. V. M. Jaware, Mr. A. V. Lavte and Mr. S. N. Kendre, AGPs for Respondent Nos.1 to 5 in respective Writ Petitions. ...

AND WRIT PETITION NO. 7003 OF 2024 AND WRIT PETITION NO. 7007 OF 2024 AND WRIT PETITION NO. 7019 OF 2024 AND WRIT PETITION NO. 7036 OF 2024 CORAM : S. G. CHAPALGAONKAR, J.

DATED : 09th JULY, 2024.

P.C.:- 1.

Heard Mr. Kale, learned Advocate appearing for the petitioners and the learned A.G.P. for respondent nos.1 to 5. 2.

The learned A.G.P. relying upon the judgment of this Court in Writ Petition No.12965/2023 in case of Sadanand Tukaram Suroshe Vs. Ashok Gajanan Suroshe and Ors. alongwith companion matters submits that the petitioners have alternate remedy to file Revision under Section 257 of the Maharashtra Land Revenue Code. Therefore, Writ Petitions may not be entertained. 3.

Per contra, Mr. Kale, learned Advocate appearing for the petitioners relying upon the judgment of this Court in Writ Petition No.5478/2016 (Nagpur Bench) in case of Shri. Abdul

(2) 947-wp-7002-2024 & ors..odt Shahid s/o. Abdul Khalik Patel (Tarique Patel) Vs. Shri. Abdul Rab s/o Abdul Mabud Patel, submits that the alternate remedy is not a bar and particularly remedy under Section 257 of the MLR Code cannot be recognized as alternate and efficacious remedy. Therefore, the Writ Petitions deserve to be entertained. He would further submit that the litigation initiated by the respondents is not bonafide, which can be observed from their conduct.

4.

Considering the submissions advanced, issue notice to the respondents, returnable on 20.08.2024. The learned A.G.P. waives notice for respondent nos.1 to 5.

5.

Till then, there shall be interim relief in terms of prayer Clause (D).

(S. G. CHAPALGAONKAR) JUDGE Devendra/July-2024