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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


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