The Court held that since an efficacious statutory remedy of appeal exists under section 247 of the Maharashtra Land Revenue Code, 1966, the writ petition is disposed of as withdrawn, keeping all contentions on merits open.
The writ petition was disposed of as withdrawn with liberty to file a statutory appeal.
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wp11731.doc
ssp
FARAD CONTINUATION SHEET No.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.11731 OF 2018
Office Notes, Office
Memorandam of Coram,
appearances, Court’s ordersCourt’s or Judge’s orders
or directions and
Registrar’s orders
Mr.Sagar Anant Joshi for the Petitioner
Mr.P.G.Sawant, AGP for the Respondent-State
CORAM :A.S.OKA AND
M.S.SONAK,JJ.
DATE :OCTOBER 11, 2018
P.C.:
.Not on board. Taken on board.
1 Heard the learned counsel for
the petitioner. It is not in dispute
that against the impugned order, remedy
of appeal under section 247 of the
Maharashtra Land Revenue Code,1966 is
available. He submits that as the
first Appellate Authority has allowed
the appeal without condoning the delay
that he has approached the Writ Court.
2The issue which the learned counsel
for the petitioner wants to canvass can
be always canvassed before the second
Appellate Authority. In view of
2 wp11731.doc
availability of an efficacious remedy,
we dispose of the petition. All
contentions on merits are kept open.
.After the order was passed, the
learned counsel for the petitioner
seeks permission to withdraw this
petition with liberty to file a
statutory appeal. Accordingly, earlier
order is recalled and the writ petition
is disposed of as withdrawn with
liberty as prayed. All contentions of
the parties on merits are kept open.
3 issues framed by the court
Whether the writ petition can be entertained when an efficacious statutory remedy of appeal is available.
Whether the petitioner is entitled to approach the Writ Court despite non-condonation of delay in the first appeal.
Whether the writ petition can be disposed of as withdrawn with liberty to file a statutory appeal.
1 provisions across 1 enactments
Petitioner
Respondent-State
A.S. OKA
M.S. SONAK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court