Bombay High Court
MADHUKAR DEVRAM ZHOPEversusHEMANT TUKARAM ZHOPE AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The writ petition is not tenable as an alternate remedy of revision is available.
Summary
The petitioner challenged an order dated 29.03.2017 passed by the Additional Divisional Commissioner, Nashik, concerning revenue entries. The respondent raised a preliminary objection that the petitioner had an alternate and equally efficacious remedy of filing a second revision before the State Government. The Court examined whether the existence of this alternative remedy barred the writ petition. It held that the petition was not tenable because the alternate remedy was available. Consequently, the petition was disposed, and the petitioner was directed to file a revision within six weeks, with any delay to be considered by the revisional authority for condonation.
Issues considered
- Whether a writ petition is maintainable when an alternate and equally efficacious remedy of revision before the State Government is available.
Subjects
- revenue law
- writ petition
- alternative remedy
- revision
- administrative law
Judgment
2026:BHC-AUG:12978
31.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
31 WRIT PETITION NO. 11326 OF 2017
Madhukar Devram Zhope
VERSUS
Hemant Tukaram Zhope And Others
…..
Mr. Nagori Girish, Advocate for the Petitioner
Mr. Shaikh Mohammad Naseer, Advocate for Respondent No.1
…..
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 24.03.2026
PER COURT :
1. The matter pertains to revenue entries.
2. The petitioner assails the order dated 29.03.2017 passed by the
Additional Divisional Commissioner, Nashik in RTS/REV/129/2016.
3. The learned counsel for respondent no.1 has raised a preliminary
objection regarding the tenability of the petition on the ground that
the petitioner has an alternate and equally efficacious remedy of filing
a second revision before the State Government.
4. In view thereof, the writ petition is disposed of as not tenable on
the ground of availability of an alternate remedy.
5. The petitioner is at liberty to file a revision within a period of six
weeks from today. If the petitioner files the revision within the
stipulated period, the delay caused in prosecuting the present petition
shall be taken into consideration by the revisional authority while
deciding the application for condonation of delay.
[SIDDHESHWAR S. THOMBRE, J.]
Sameer/March-2026 1
Checking your session…