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Bombay High Court

SUDHAKAR VASUDEV SHETTY AND ANRversusTHE STATE OF MAHARASHTRA THR THE REVENUE AND FOREST DEPT AND ORS

Decided
Disposal
Allowed To be withdrawn

Holding

The petition is dismissed as withdrawn, with liberty granted to the petitioners to approach the appropriate revenue authorities.

Summary

The petitioners, who have a substantive statutory remedy under the Maharashtra Land Revenue Code, 1966, filed a writ petition under Article 226 of the Constitution without first availing that remedy. They sought the Court's permission to withdraw the petition and instead pursue applications before the Collector of Thane and the Divisional Commissioner of Konkan Division. The Court granted leave to withdraw and dismissed the petition as withdrawn, noting that the concerned authority will decide the applications as per law. No substantive merits of the petition were addressed. The order effectively closed the writ proceedings, allowing the petitioners to seek relief through the appropriate administrative channels.

Issues considered

  • Whether a writ petition filed under Article 226 can be withdrawn when the petitioner has an alternative statutory remedy under the Maharashtra Land Revenue Code, 1966.

Legislation cited

Subjects

  • Article 226
  • alternative statutory remedy
  • withdrawal of writ petition
  • Maharashtra Land Revenue Code
  • civil appellate jurisdiction
  • high court

Judgment

                    KSG                                                           4-WP-505-2026.doc



                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                            CIVIL APPELLATE JURISDICTION

                                            WRIT PETITION NO. 505 OF 2026

                    Sudhakar Vasudev Shetty & Anr                                … Petitioners
                             V/s.
                    The State of Maharashtra Through
                    The Revenue And Forest Department & Ors                      … Respondents
                                       _______________________________________

                    Mr. Rakesh K. Agrawal for the Petitioners.
                    Smt. Kavita Solunke, Addl.G.P. for Respondent No.1-State.
                                    _______________________________________

                                               CORAM : A. S. GADKARI AND
                                                       SHYAM C. CHANDAK, JJ.
                                               DATE  : 17th JANUARY 2026

                    P.C. :

                    1)              Petitioners are having substantive alternate statutory remedy

                    under the provisions of Maharashtra Land Revenue Code, 1966 and without

                    availing the same the Petitioners have directly approached this Court under

                    Article 226 of Constitution of India, by filing present Petition.

                    2)              In view thereof, learned Advocate for the Petitioners, on

                    instructions, seeks leave to withdraw Petition with liberty to file necessary

       Digitally
                    Application(s)/Representation(s) before the Collector of Thane and/or the
       signed by
       KIRAN
KIRAN SANJAY
SANJAY GHUGE
GHUGE Date:
       2026.01.20
       19:10:58
       +0530
                    Divisional      Commissioner     of   Konkan     Division,     Maharashtra        for

                    implementation of Order dated 20th June 2006, passed by the Sub-Divisional

                    Officer, Thane.

                                                                                                      1/2
KSG                                                       4-WP-505-2026.doc



2.1)        Leave and liberty granted.

3)          Disposed off as withdrawn with aforesaid liberty.

4)          It is needless to mention that, the concern Authority will decide

the said Application(s)/ Representation(s), as per the provisions of law.




       ( SHYAM C. CHANDAK, J. )                    ( A.S. GADKARI, J. )




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