Bombay High Court
RAMESH GULABCHAND AGARWALversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
- Bench
- S G CHAPALGAONKAR
Holding
The writ petition is dismissed because the petitioner has an adequate alternative remedy under the Maharashtra Land Revenue Code.
Summary
Ramesh Gulabchand Agarwal filed a writ petition challenging an order dated 23 June 2025 by the Sub‑Divisional Officer (Revenue), Kannad, which condoned the delay in filing an appeal against a mutation entry concerning land survey no.34/1/2/2/AA/126. The petitioner argued that the order violated his rights and cited a prior decision (B.M.E.’s Bhagyawan Co‑operative Housing Society Ltd. v. District Superintendent of Land Records, WP No. 2994 of 2025) to claim that the remedy under the Maharashtra Land Revenue Code was not an effective alternative. The Court examined whether the petitioner had an alternate statutory remedy and whether it was appropriate to invoke its extraordinary jurisdiction under Article 227 of the Constitution. It held that the Maharashtra Land Revenue Code provides a sufficient alternative remedy and that the writ jurisdiction is not available in these circumstances. Consequently, the Court rejected the writ petition, directing the petitioner to pursue the remedy available under the Land Revenue Code.
Issues considered
- Whether the petitioner is entitled to relief by way of a writ under Article 227 for the condonation of delay in filing an appeal against a mutation entry.
- Whether the remedy provided under the Maharashtra Land Revenue Code is an adequate and efficacious alternative to the writ remedy.
Legislation cited
Subjects
- mutation
- land revenue
- Article 227
- alternate remedy
- writ petition
- delay condonation
Judgment
2026:BHC-AUG:14982
1 wp 3729.26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
921 WRIT PETITION NO. 3729 OF 2026
Ramesh Gulabchand Agarwal
VERSUS
The State Of Maharashtra Through Its Secretary And Others
...
Advocate for Petitioner : Mr. A.P. Bhandari
AGP for Respondents: Mr. S.K. Shirshe
CORAM : S. G. CHAPALGAONKAR, J.
Dated : April 08, 2026
PER COURT :-
1. Present writ petition takes exception to the order dated
23.6.2025 passed by the Sub Divisional Officer (Revenue),
Kannad, District Chhatrapati Sambhajinagar thereby
condoning the delay caused in filing the appeal against the
mutation entry in respect of the land survey
no.34/1/2/2/AA/126.
2. Apparently, petitioner has an alternate remedy under the
provisions of Maharashtra Land Revenue Code. This Court do
not find any reason to entertain or invoke the extraordinary
jurisdiction under Article 227 of the Constitution of India to
entertain this writ petition.
2 wp 3729.26.odt
3. Although, Mr. Bhandari, learned advocate appearing for
the petitioner relies upon the observations of this Court in case
of B.M.E.’s Bhagyawan Co-operative Housing Society Limited
Versus The District Superintendent of the Land Records in Writ
Petition No.2994 of 2025 and endeavors to contend that
remedy under the Maharashtra Land Revenue Code cannot be
said to be the efficacious remedy or alternate remedy. This
Court is not inclined to entertain the present writ petition in
peculiar facts and circumstances of the present writ petition.
Writ Petition stands rejected with liberty in favour of the
petitioner to avail alternate remedy as is permissible under law.
( S. G. CHAPALGAONKAR, J. )
...
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