The High Court of Bombay held that the writ petition cannot be entertained under Article 226 as a statutory remedy exists under the Maharashtra Land Revenue Code, 1966. The petition was disposed of while keeping all contentions open.
Petition disposed of; remedy kept open.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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FARAD CONTINUATION SHEET No.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.11161 OF 2014
Office Notes, Office
Memorandam of Coram,
appearances, Court’s orders Court’s or Judge’s orders
or directions and
Registrar’s orders
Mr.Tanaji Mhatungade for the Petitioner
None for the Respondent.
CORAM : A.S.OKA, &
A.S.GADKARI,JJ.
DATE : DECEMBER 10,2014.
P.C.
.Not on board. Taken on board.
1Heard the learned counsel appearing
for the petitioner. The petitioner has
a statutory remedy available for
challenging the impugned order which is
passed in exercise of powers under the
Maharashtra Land Revenue Code,1966.
Hence, at this stage, this petition
under Article 226 of the Constitution
of India cannot be entertained and the
same is disposed of while keeping the
remedy of the petitioner expressly
open. All the contentions are kept
open.
3 issues framed by the court
Whether this court under Article 226 of the Constitution of India can entertain the writ petition when a statutory remedy is available under the Maharashtra Land Revenue Code.
Whether the writ petition should be disposed of while keeping the petitioner's remedy open.
Whether the petitioner can challenge the impugned order due to the availability of an alternative statutory remedy.
2 provisions across 2 enactments
Petitioner
Respondent
A.S.Oka
A.S.Gadkari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court