Prasad Dattataray Ugle v. State Of Maharashtra Through Secretory And Others

- 1 - wp3044.26.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 64 WRIT PETITION NO. 3044 OF 2026 Prasad Dattataray Ugle ....Petitioner

VERSUS

State of Maharashtra & others .....Respondents Mrs. A. N. Ansari, Advocate for the Petitioner. Mr. S. B. Pulkundwar, AGP for the State.

CORAM : SMT VIBHA KANKANWADI & AJIT B. KADETHANKAR, JJ.

DATE : 20th APRIL, 2026.

PER COURT :

1.

Heard learned Advocate for the Petitioner.

2.

Present petition has been filed for following relief :- B) To quash and set aside the Communication dated 29/1/2026 issued by Respondent No. 3 by converting the land, allotted to one Shrimati Watsalabai Pandharinath Ugle from Survey No. 37 Gut No. 30 admeasuring 2 A 11 G from village Jogla Devi, Tq. Ghansawangi Dist. Jalna by issuing any appropriate Writ, Order or Direction as the case may be.

3.

Upon query, taking into consideration the impugned order, learned Advocate for the Petitioner is convinced that as per Section

- 2 - wp3044.26.odt 247 of the Maharashtra Land Revenue Code, there is a provision of appeal which states that in the absence of any express provisions of the Code, or of any law for the time being in force to the contrary, an appeal shall lie from any decision or order passed by a revenue or survey officer specified in column I of the Schedule E under this Code. The present order under challenge in this petition is filed by the Deputy Collector rank officer. Therefore, there is alternate remedy available to the Petitioner.

4.

As per Section 250 of the Maharashtra Land Revenue Code, the time limit is 60 days to file appeal. However, in this case, the present petition has been filed on 20.02.2026 challenging the order dated 29.01.2026. Therefore, we direct the appellate authority before whom the appeal would be preferred to consider the period spent by the Petitioner before this Court, while calculating the limitation. 5.

With these observations, we permit the Petitioner to withdraw the petition with liberty to approach the appropriate authority under Maharashtra Land Revenue Code.

( AJIT B. KADETHANKAR ) ( SMT. VIBHA KANKANWADI ) JUDGE JUDGE dyb