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- Allowed To be withdrawn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The petition is dismissed as withdrawn, with liberty granted to the petitioners to approach the appropriate revenue authorities.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 The Court granted leave to withdraw and dismissed the petition as withdrawn, noting that the concerned authority will decide the applications as per law.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- Whether a writ petition filed under Article 226 can be withdrawn when the petitioner has an alternative statutory remedy under the Maharashtra Land Revenue Code, 1966.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. )
2/2
Checking your session…