Bombay High Court

JAIPRAKASH SHANKARLAL MUNDADAversusTHE STATE OF MAHARSHTRA THROUGH THE SUB DIVISIONAL OFFICER AND OTHERS

Disposal: DISPOSED OFF
Bench: S G CHAPALGAONKAR

Holding

The writ petition is dismissed, and the petitioner is directed to avail the alternative remedy of appeal or revision under the Maharashtra Land Revenue Code.

Summary

Jaiprakash Shankarlal Mundada filed a writ petition challenging an order dated 12‑12‑2024 passed by the Sub‑Divisional Officer, Basmath, in appeal no. 2023/CR‑6 concerning a mutation entry under the Maharashtra Land Revenue Code. The petitioner argued that the S.D.O.'s order was erroneous and sought relief from the High Court. The Court examined whether a writ remedy was appropriate when the petitioner had a specific statutory remedy of filing an appeal or revision under the same Code. It held that the existence of an alternative remedy barred the writ petition. Consequently, the petition was disposed of, with the Court granting liberty to the petitioner to pursue the appeal or revision as provided by law.

Issues considered

The writ petition is maintainable despite the availability of an appeal/revision under the Maharashtra Land Revenue Code.

Legislation cited

Maharashtra Land Revenue Code

Subjects

mutation entry
land revenue
writ petition
alternative remedy
Maharashtra Land Revenue Code

Judgment

2026:BHC-AUG:12576




                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        BENCH AT AURANGABAD

                                 917 WRIT PETITION NO. 3074 OF 2026

                                    Jaiprakash Shankarlal Mundada
                                                VERSUS
                      The State Of Maharshtra Through The Sub Divisional Officer
                                               And Others
                                                    ...
                     Advocate for the Petitioner : Mr. Dhabekar Sanjay K.
                     AGP for Respondents: Mr. S.N. Kendre

                                           CORAM : S. G. CHAPALGAONKAR, J.
                                          Dated      : March 24, 2026

                     PER COURT :-
                     1.      The petitioner raises challenge to the order dated
                     12.12.2024 passed by the S.D.O., Basmath in appeal
                     no.2023/CR-6.
                     2.      The dispute pertains to mutation entry. The petitioner
                     seeks to challenge the order passed by the S.D.O. under
                     Maharashtra Land Revenue Code. The petitioner has remedy
                     of filing appeal/revision under the provisions of the MLR
                     Code.
                     3.      In that view of the matter, writ petition stands disposed
                     off with liberty in favour of petitioner to avail the alternate
                     remedy as permissible under law.


                                                      ( S. G. CHAPALGAONKAR, J. )
                                                     …


                     aaa/-

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