Petitioner sought implementation of a 22-year-old revenue order. The Court noted alternative remedy via suit exists. Petition disposed of pending suit's outcome with expedited hearing directed. No grounds to grant relief absent litigation progress.
Petition disposed of preserving right to sue.
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.
WP 12847/16
- 1 -
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.12847/2016
Kerba @ Ganpatrao Laxmanrao Kabade.
...Petitioner..
Versus
The State of Maharashtra & others.
..Respondents..
.....
Shri C.D. Biradar, Advocate for petitioner.
Shri S.B. Yawalkar, AGP for respondent nos.1 to 4.
CORAM: V.M. KANADE & SANGITRAO S.PATIL,JJ. DATE: 11.01.2017
ORDER :
1]The petitioner is seeking implementation of judgment
and order dated 30.4.1994 passed by the Additional
Collector, Latur. This order is dated 30.4.1994. The
grievance of the petitioner is that the order passed by
the Additional Collector is not implemented.
2]More than 22 years have passed after the said order.
The petitioner has an alternative remedy of filing a suit
for seeing a declaration in respect of his title or
possession. Revenue entries only have a presumptive
value. We are informed that the suit is already pending.
Reserving the right of the petitioner to pursue the suit,
the petition is disposed of. All contentions of the
petitioner and the respondents are kept open. If the
suit is pending, the hearing of the same is expedited.
(SANGITRAO S.PATIL, J.) (V.M. KANADE, J.)
ndk/ c1111727.doc
2 issues framed by the court
Whether the writ petition seeking implementation of 1994 revenue orders can be disposed of after 22 years.
Whether the petitioner is barred from pursuing implementation due to existence of a pending suit for declaration.
Kerba @ Ganpatrao Laxmanrao Kabade
The State of Maharashtra
V.M. Kanade
Sangitrao Patil
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court