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Bombay High CourtWP/1032/2025disposed off

Chandrakant Keshavlal Shah Since Dec Thr Legal Heirs v. The State Of Maharashtra Thr Its Secretary And ORS

2025-07-11Hon'Ble Shri Justice M. S. Karnik , Hon'Ble Shri Justice N. R. Borkar2 pages

Ingale M-7-wp-1032-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION by URMILA PRAMOD INGALE Date:

2025.07.15 18:48:26 +0530 URMILA PRAMOD INGALE WRIT PETITION NO. 1032 OF 2025 Chandrakant Keshavlal Shah Since deceased through legal heirs ... Petitioner

Versus

The State of Maharashtra and ors.

.... Respondents **** Ms.Aditya P. Shirke, for the Petitioner.

Mr. N.C. Walimbe, Addl. GP a/w Ms.R.A.Salunkhe, AGP for the Respondent-State.

**** CORAM :

M.S.KARNIK AND N.R.BORKAR, JJ.

DATE :

11th JULY 2025 P.C. :

1.

Not on board. Mentioned.

2.

Learned counsel for the petitioner submitted that without following the principles of natural justice, name of the petitioner is deleted from the revenue record which was entered recently. Learned counsel for the petitioner relied upon the case 1Whirlpool Corporation Vs. Registrar of Trade Marks, Mumbai and ors., in support of his submission that alternate remedy is not bar to (1998) 8 scc 1 This order is corrected pursuant to speaking to minutes of order dated 15/07/2025

Ingale M-7-wp-1032-25.odt entertain the writ petition if the order is passed in breach of principles of natural justice.

3.

Considering the nature of the relief sought, we are not inclined to entertain this petition as alternate efficacious remedy is available to the petitioner under the Maharashtra Land Revenue Code, 1966 ('MLRC', for short).

4.

Keeping all contentions open with liberty to the petitioner to seek remedy under MLRC challenging the impugned order, the petition is disposed of.

5.

If such appeal is filed, the appellate authority is requested to dispose it expeditiously.

6.

The writ petition is disposed of. Protection granted by this Court vide order dated 29/01/2025 is continued for a period of 2 weeks from today.

(N.R.BORKAR, J.) (M.S.KARNIK, J.)