Bombay High Court

M/S. A. K. CONTRACTOR THRU. PARTNERversusTHE STATE OF MAHARASHTRA THRU SECRETARY AND ORS

Decided: 30 September 2026
Disposal: Disposed Off

Holding

The petition is dismissed as the petitioner has a substantive alternate statutory remedy under the Maharashtra Land Revenue Code, 1966.

Summary

The petitioner, M/s A.K. Contractor, a partnership firm, sought relief through a writ petition challenging an order dated 16 May 2025 passed by the Tahsildar of Ambarnath. The petition argued that the order adversely affected its interests. The respondents, the State of Maharashtra and others, contended that the petitioner had a substantive alternate statutory remedy under the Maharashtra Land Revenue Code, 1966. The Court examined whether a writ petition could be entertained when such an alternate remedy exists. It held that the existence of a substantive statutory remedy bars the writ jurisdiction. Consequently, the petition was disposed of without further adjudication.

Issues considered

Whether a writ petition is maintainable when the petitioner has a substantive alternate statutory remedy under the Maharashtra Land Revenue Code, 1966

Legislation cited

Maharashtra Land Revenue Code, 1966

Subjects

writ petition
alternate statutory remedy
land revenue code
jurisdiction
petition dismissed

Judgment

                    KSG                                                          43-WP-11747-2026.doc



                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                             CIVIL APPELLATE JURISDICTION

                                           WRIT PETITION NO. 11747 OF 2026

                    M/s. A. K. Contractor,
                    A Partnership Firm, Through its Partner,
                    Kirtibhai Pratapbhai Contractor                             … Petitioner
                             V/s.
                    State of Maharashtra & Ors                                  … Respondents
                                        _______________________________________

                    Mr. Sandeep Mishra a/w Ms. Madhura Mulay for the Petitioner.
                    Mr. B.V. Samant, Addl. G.P. a/w Ms. R.A. Salunkhe, A.G.P. for Respondent
                    No.1-State.
                                   _______________________________________

                                                CORAM : A. S. GADKARI AND
                                                        KAMAL KHATA, JJ.
                                                Date  : 30th SEPTEMBER, 2026

                    P.C. :

                    1)              Petitioner is having substantive alternate statutory remedy under

                    the provisions of the Maharashtra Land Revenue Code, 1966, for impugning

                    Order dated 16th May, 2025, passed by the Tahsildar, Ambarnath.

                    2)              By reserving the said remedy in favour of the Petitioner, Petition

                    is disposed off.




                                    ( KAMAL KHATA, J. )                   ( A.S. GADKARI, J. )


        Digitally
        signed by
        KIRAN
KIRAN SANJAY
SANJAY GHUGE
GHUGE Date:
       2026.10.05                                                                                       1/1
        18:47:09
        +0530

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