Disposed

Balaji Bapurao Kakde and Others v. Baburao Bapurao Kakde and Another

Bombay HC29 Apr 2014WP/9622/2013

Case brief

AI extract

What is this about?

The Single Judge allowed the withdrawal of the Writ Petition with liberty to pursue a remedy under Section 257 of the Maharashtra Land Revenue Code, 1966, with specific directions regarding time limits and condonation of delay.

What did the court decide?

Petition allowed to be withdrawn with liberty to avail of remedy under Section 257 of the MLRC. Respondents precluded from raising jurisdictional objections.

Balaji Bapurao Kakde and Others Vs Baburao Bapurao Kakde and… — Land Acquisition | Bombay HC (2014)

¶1

IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

¶2

WRIT PETITION NO. 9622 OF 2013

¶3

BALAJI BAPURAO KAKDE AND OTHERS VERSUS BABURAO BAPURAO KAKDE AND ANOTHER

¶4

Advocate for Petitioners : Shri Chincholkar G.N. Advocate for Respondent 1 : Shri Kadam N.S. h/f Shri Deshmukh R.T. AGP for Respondent 2 : Shri Kale D.R.

¶5

CORAM : RAVINDRA V. GHUGE, J. Dated: April 29, 2014

¶6

PER COURT :-

¶7

This matter was heard for quite sometime on the last occasion as also today.

¶8

Respondents No.1 has pointed out that the learned Division Bench of this Court in its judgment dated 13.7.2005, delivered in LPA No.55 of 2003, has come to a conclusion that the remedy under Section 257 of the Maharashtra Land Revenue Code, 1966 ("MLRC") is available by way of a revision to the State Government under the said provision. It is canvassed that the case of the petitioners can be heard and decided under Section 257 of the MLRC, if the petitioners so desire. It is also contended that the respondents shall not raise any objection, if the petitioners take recourse to such a remedy on the ground of jurisdiction and maintainability. For this purpose, the petitioners had sought time to make a statement on the next date.

¶9

Shri Chincholkar, learned Advocate after going through the said judgment dated 13.7.2005 in LPA No.55 of 2013 is willing to prefer a proceeding under Section 257 of the MLRC.

¶10

akl

¶11

IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

¶12

¶13

WRIT PETITION NO. 9622 OF 2013

¶14

In the light of the above, this petition is allowed to be withdrawn with liberty to avail of the remedy under Section 257 of the MLRC. The respondents are precluded from raising an objection as regards the jurisdiction of the Honourable Minister or on account of maintainability of the proceeding. The pendency of this petition in this Court shall be taken up as a ground in support of the application for condonation of delay in the event there is any delay in the filing of the proceedings under Section 257 of the MLRC.

¶15

With the above directions, the petition is disposed of.

¶16

Needless to state, the petitioners, if prefer such a proceeding within a period of three weeks from today and in the event the delay is condoned by the concerned authorities, the proceeding initiated by the petitioners shall be heard and decided as expeditiously as possible and preferably within a period of three months from the date of institution of such proceeding.

¶17

akl

Balaji Bapurao Kakde and Others v. Baburao Bapurao Kakde and Another

Case brief

What is this about?

What did the court decide?

Balaji Bapurao Kakde and Others v. Baburao Bapurao Kakde and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Laxman Shankar Bandgar (Decd) Lrs Vs Venkat Rama Bandgar (Decd) Lrs and Ors.

Janata Sahakari Bank Ltd, Pune and Anr. Vs Puran Maharashtra Automobiles, Aurangabad and Others

Janata Sahakari Bank Ltd, Pune and Another Vs Puran Maharashtra Automobiles and Others

M/S. Bhapkar Petroleum a Proprietory Firm Vs Hindustan Petroleum Corporation Ltd.

Yuvraj Pandit Dhangar and Another Vs the State of Maharashtra and Others

Saiyed Akhtrunisa Ali Hasan Vs the State of Maharashtra and Others