Vijay Bhimrao Avhale vs the Additional Commissioner, Amravati and Others — Bombay HC (2025) — LawSathi Research

Vijay Bhimrao Avhale vs the Additional Commissioner, Amravati and Others — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of as not maintainable, with liberty to the petitioner to file appeal/revision before the State Government; petitioner may file revision within a period of four weeks and the authority may consider the period lapsed while prosecuting the writ petition while considering the application for delay; interim order to continue for four weeks only, thereafter to stand vacated automatically.

Issue for consideration

Whether the writ petition challenging the order dated 17.11.2022 passed by the Additional Divisional Commissioner, Amravati in Revenue Application No.107/RTS-59/Mehkar/2022 is maintainable before the High Court, having regard to the alternate and efficacious remedy of filing a revision before the State Government.

Court's answer

Having regard to the petitioner's alternate and efficacious remedy of filing a revision before the State Government against the order passed by the Additional Divisional Commissioner, the writ petition is disposed of as not maintainable, with no order as to costs.

Ratio / Principle

The writ petition stands disposed of with liberty to the petitioner to file appeal/revision before the State Government.

Key takeaways

The petitioner may file revision before the State Government within a period of four weeks, and the authority may consider the period lapsed while prosecuting the present writ petition while considering the application for delay.ratio¶13
The interim order shall continue only for a period of four weeks from the date of this order, and shall stand vacated automatically on completion of four weeks.ratio¶15

Detailed headnote1 paragraphs

Maintainability of writ petition — Order dated 17.11.2022 of the Additional Divisional Commissioner, Amravati in Revenue Application No.107/RTS-59/Mehkar/2022 challenged before the Bombay High Court (Nagpur Bench); on the preliminary objection, supported by the Apex Court decision in Gurudassing Nawoosing Panjwani v. The State of Maharashtra (2015(6) MhLJ. 915), that the petitioner has an alternate and efficacious remedy of revision before the State Government, the writ petition disposed of as not maintainable with liberty to file appeal/revision; revision to be filed within four weeks, with the period spent prosecuting the writ petition to be considered on the delay application; interim order continued for four weeks only and to vacate automatically thereafter.

2025:BHC-NAG:10256

1 38-WP-4346-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR

WRIT PETITION NO.4346 OF 2024

Vijay Bhimrao Avhale Vs. The Additional Commissioner, District Amravati

Office Notes, Office Memoranda Court's or Judge's orders of Coram, Appearances, Court's orders or directions and Registrar's orders

Mr. J.S. Gandhi, Advocate for the Petitioner. Mr. A.A. Madiwale, AGP for Respondent Nos.1 to 3. Mr. Anil Mardikar (Sr. Counsel) a/b. Mr. R.A. Mardikar, Advocate for Respondent No.7.

CORAM: SIDDHESHWAR S. THOMBRE, J . DATED : 06th OCTOBER, 2025

The petitioner is challenging the order passed by the Learned Additional Divisional Commissioner, Amravati in Revenue Application No.107/RTS-59/Mehkar/2022 dated 17.11.2022.

Learned counsel for the respondent No.1/State raised a preliminary objection about the maintainability of the present petition before this Court. He also relied upon the judgment passed by the Hon’ble Apex Court in the matter of Gurudassing Nawoosing Panjwani Vs. The State of Maharashtra and Others reported in 2015(6) MhLJ. 915 decided on 06.11.2015, and contended that against the order passed by the Additional Divisional Commissioner, the petitioner is having an alternate and efficacious remedy to file a revision before the State Government. In view of that, the writ petition is disposed of , as not maintainable. No order as to costs.

2 38-WP-4346-2024.odt

In view of thereof, the writ petition is disposed of, with liberty to the petitioner to file appeal/revision before the State Government.

The petitioner may file revision before the State Government within a period of four weeks. The authority may consider the period lapsed while prosecuting the present writ petition, while considering the application for delay.

Learned Senior Advocate submitted that even the petitioner approached this Court after a period of one and a half year, which also needs to be taken into consideration by the Appellate Court while considering the appeal/revision.

Interim order to continue for a period of four weeks only from today. After completion of four weeks, the interim order shall stand vacated automatically.

(SIDDHESHWAR S. THOMBRE J.)

𝒫𝓇𝒾𝓋𝑒𝓁