Criminal Writ Petition regarding a challenge under section 48 of the Maharashtra Land Revenue Code dismissed. Court held the matter is not maintainable in criminal jurisdiction and petitioner directed to convert it into a civil writ petition.
Petition to convert into civil writ petition.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR .
CRIMINAL WRIT PETITION No.590 OF 2016
Sajid Khan s/o Jafar Khan
Vs.
The State of Mah. Through Collecltor, Amravati and 2 others.
_______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders.
Mr. T.H. Bewali, advocate for petitioner. Mr. Jawde, APP for respondent nos. 1 to 3.
CORAM : B.R. GAVAI AND V.M. DESHPANDE, JJ.
DATED : 8 th AUGUST, 2016
This petition has been filed challenging the order passed under section 48 of the Maharashtra Land Revenue Code. Apart from the petition, the order is appellable. The petitioner's challenge to the same would not lie before the bench with criminal jurisdiction. It would lie before the bench with civil jurisdiction.
The petitioner to take steps to convert the writ petition in the civil writ petition.
JUDGE JUDGE
Hirekhan
wp590-16.odt
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CERTIFICATE
I certify that this Judgment uploaded is a true and correct copy of original signed Order.
Uploaded by : R.B. Hirekhan. P.A.
Uploaded on:09-08-2016.
2 issues framed by the court
Whether a petition challenging an order under section 48 of the Maharashtra Land Revenue Code lies in a criminal writ jurisdiction.
Whether the quantum of compensation determined under the Land Revenue Code is a civil jurisdiction issue.
Sajid Khan s/o Jafar Khan
The State of Mah. Through Collector, Amravati
B.R. Gavai
V.M. Deshpande
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
