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2108wp3453.19.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR
Writ Petition No.3453 of 2019 Shri Balchand S/o Bhikaji Naik (Bhokan) and another Versus The State of Maharashtra, through its Secretary, Department of Adivasi Development Board, Mumbai, and others.
Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order
Shri R.M. Mardikar, Advocate for Petitioners.
Shri A.M. Deshpande, Additional Government Pleader for Respondents.
Coram : R.K. Deshpande & Vinay Joshi, JJ. Date : 21st August, 2019
The petitioners have an alternate statutory remedy of filing an appeal or revision against the order dated 11-6-2018 passed by the Sub-Divisional Officer, Malkapur. Though the said order is not the subject-matter of challenge, the relief claimed in this petition is for deletion of the name of Adiwasi Vikas Mandal, Akola from the 7/12 extract, in which the property in question was recorded in the name of said Adiwasi Vikas Mandal on 4-4-2018, which was the subject-matter of challenge before the Sub-Divisional Officer, Malkapur, Dist. Buldana.
In view of above, the petition is dismissed. All questions are left open to be agitated in such appeal or revision.
(Vinay Joshi, J.) (R.K. Deshpande, J.)
Lanjewar, PS
2 issues framed by the court
Whether the writ petition seeking deletion of a name from the 7/12 extract should be dismissed in favor of alternative remedial remedies.
Whether the court should leave questions open for future adjudication in appeal or revision.
Shri Balchand S/o Bhikaji Naik (Bhokan) and another
The State of Maharashtra
R.K. Deshpande
Vinay Joshi
As recorded by the court registry
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