Bombay High Court
DINESH BABULAL MALIversusTHE SUB DIVISIONAL OFFICER AND ANOTHER
- Disposal
- DISPOSED OFF
Holding
A writ petition is not maintainable where the statute provides an alternate and efficacious remedy, such as a revision under Section 257 of the Maharashtra Land Revenue Code.
Summary
The petitioner, Dinesh Babulal Mali, filed a writ petition challenging an order dated 06.01.2021 issued by the Sub Divisional Officer, Dhule under Section 247 of the Maharashtra Land Revenue Code. The respondent, the Sub Divisional Officer, raised a preliminary objection that the petitioner had an alternate and equally efficacious remedy of filing a revision under Section 257 of the same code. The Court examined the operative part of the order and found that clause 4 expressly provided the petitioner with the remedy of filing a revision before the Additional Collector. Relying on this statutory provision, the Court held that the writ petition was not maintainable. Consequently, the petition was dismissed, but the petitioner was granted liberty to pursue the revision remedy. The decision underscores the principle that courts will not entertain writ petitions when a specific alternative remedy is available under the statute.
Issues considered
- Whether the writ petition under Section 247 of the Maharashtra Land Revenue Code is maintainable when an alternative remedy of revision under Section 257 is available.
- Whether the presence of a statutory provision granting a specific remedy bars the jurisdiction of the High Court to entertain a writ petition.
Legislation cited
- Maharashtra Land Revenue Code — s. 247, 257
Subjects
- writ petition
- maintainability
- alternative remedy
- revision
- Maharashtra Land Revenue Code
- preliminary objection
- jurisdiction
Judgment
2026:BHC-AUG:2028
1 WP / 5685 / 2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
955 WRIT PETITION NO. 5685 OF 2021
DINESH BABULAL MALI
VERSUS
THE SUB DIVISIONAL OFFICER AND ANOTHER
...
Advocate for petitioner : Mr. Subodh P. Shah
AGP for the respondent – State : Ms. D.S. Jape
...
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 17 JANUARY 2026
PER COURT :
Heard learned counsel for the parties.
2. By way of present petition, the petitioner assails the order dated
06.01.2021 passed by the Sub Divisional Officer, Dhule under section 247 of
the Maharashtra Land Revenue Code.
3. Learned AGP raised a preliminary objection about
maintainability of the petition on the ground that the petitioner has alternate
and equally efficacious remedy to file Revision before the Additional Collector
under section 257 of the MLR Code.
4. After going through the order passed by the Sub Divisional
Officer, it reveals that as per clause 4 of the operative part, the petitioner is
having the remedy of filing a Revision before the Additional Collector.
2 WP / 5685 / 2021
5. In view of that, I am not inclined to entertain the present petition
on the ground of availability of the alternate and efficacious remedy of filing
Revision.
6. Therefore, the present petition is disposed of with liberty to the
petitioner to file Revision before the Additional Collector.
[ SIDDHESHWAR S. THOMBRE ]
JUDGE
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