Bombay High Court
M/S NJ BROTHERS THROU. JAISING RAJPUTversusTHE STATE OF MAHARASHTRA THROU. ITS SEC REVENUE AND FOREST DEPT AND ORS
- Decided
- Disposal
- Allowed To be withdrawn
Holding
The petition was deemed non‑maintainable and was allowed to be withdrawn with liberty to file an appeal under Section 247 of the Maharashtra Land Revenue Code.
Summary
M/s. NJ Brothers filed a writ petition challenging an order dated 30 October 2023 passed by the Resident Nayab Tahasildar, Vasai. The State of Maharashtra, through the District Mining Officer, objected that the petition was not maintainable because the petitioner had an alternate statutory remedy under the Maharashtra Land Revenue Code. The petitioner sought permission to withdraw the writ petition and instead file an appeal under Section 247 of the Maharashtra Land Revenue Code. The Court granted leave to withdraw the petition and allowed the petitioner liberty to pursue the appeal under the specified provision. Consequently, the writ petition was disposed of as withdrawn.
Issues considered
- Whether the writ petition is maintainable when an alternate statutory remedy exists under the Maharashtra Land Revenue Code
- Whether the petitioner may withdraw the writ petition and be granted liberty to file an appeal under Section 247 of the Maharashtra Land Revenue Code
Legislation cited
- Maharashtra Land Revenue Code, 1966 — s. 247
Subjects
- writ petition
- maintainability
- alternative statutory remedy
- Maharashtra Land Revenue Code
- Section 247
- withdrawal
- appeal
Judgment
ssm 6-wp15548.2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 15548 OF 2024
M/s. NJ Brothers,
Through Jaising Rajput …..Petitioner.
Vs.
The State Of Maharashtra & Ors. …..Respondents.
____________________________________
Adv. Anima Mishra a/w Adv. Rakesh Mishra, Adv. Anuj Singh i/by Mr.
Dharamveer Tripathi for the Petitioner.
Shri. A.I. Patel, Addl. GP for the Respondent-State.
____________________________________
CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
DATE : 18th SEPTEMBER, 2026.
P.C.:-
1) Mr. Sandeep Patil, District Mining Officer, Collector Office,
Palghar, has filed a detailed Affidavit-in-reply to the Petition.
1.1) In paragraph No.2 thereof, he has raised an objection
regarding maintainability of the Petition on the ground that, the Petitioner
is having substantive alternate statutory remedy under the provisions of
Maharashtra Land Revenue Code.
2) Learned counsel for the Petitioner therefore on instructions
seeks leave to withdraw Petition with liberty to prefer an Appeal under
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ssm 6-wp15548.2024.doc
Section 247 of the Maharashtra Land Revenue Code, 1966, for impugning
Order dated 30th October, 2023, passed by the Resident Nayab Tahasildar,
Vasai.
2.1) Leave and liberty granted.
3) Disposed off as withdrawn with aforesaid liberty.
(KAMAL KHATA, J.) (A.S. GADKARI, J.)
Digitally signed
SANJIV by SANJIV
SHARNAPPA
SHARNAPPA MASHALKAR
MASHALKAR Date: 2026.09.29
11:03:48 +0530
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