Shreekrishna Jaganath Sadwelkar v. Avinash Kashinath Sadwelkar And ORS

18-wp-9847-2025 speaking.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9847 OF 2025 Shrikrishna Jaganath Sadwelkar ...

Petitioner V/s.

Avinash Kashinath Sadwelkar and Ors.

...

Respondents ------------------- Mr. Yatin Kochare I.by Sidheshwar N. Biradar, for the petitioner. Mr. J.P. Patil, AGP, for the State.

--------------------

CORAM

:

N.J. JAMADAR, J.

Digitally signed by VARSHA DEEPAK GAIKWAD Date:

2025.08.02 15:38:38 +0530 VARSHA DEEPAK GAIKWAD DATE :

23rd JULY 2025 PC:

1.

Heard the learned counsel for the petitioner. 2.

This Court expressed its disinclination to entertain the petition as the petitioner has an efficacious remedy under the Maharashtra Land Revenue Code against the order dated 7th April, 2025 passed by the Additional Collector, Sindhudurg. It is imperative to note that the petitioner had initially challenged the order passed by the Circle Officer on 7th December, 2021, thereby certifying Mutation Entry No. 455 before the Sub-Divisional Officer, Sawantwadi and the said appeal filed by the petitioner was allowed by the Sub-Divisional Officer by a This order is corrected as per speaking to the minuts of the order dated 30th July 2025. varsha

18-wp-9847-2025 speaking.doc judgment and order dated 19th January, 2024 and against the said order the respondents had preferred an appeal i.e. RTS Appeal No. 19 of 2024 in which the impugned order came to be passed. Evidently, it was the petitioner, who had initially invoked the jurisdiction of the authorities under the Maharashtra Land Revenue Code, 1966 and hence it is now not open for the petitioner to urge that the Court should exercise extraordinary jurisdiction after the Appellate Authority passed an order against the petitioner.

3.

The time spent by the petitioner in prosecuting this petition may be accounted for under Section 14 of the Limitation Act, in the event the question of limitation arises in filing the revision application. 4.

With the aforesaid clarification, the petition stands disposed. 5.

In the event such an application is filed, the same be decided as expeditiously as possible.

(N.J. JAMADAR, J) This order is corrected as per speaking to the minuts of the order dated 30th July 2025. varsha