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Bombay High Court

GULABRAO KISAN LOKHANDEversusTHE COLLECTOR ALIBAG AND ORS

Decided
Disposal
Allowed To be withdrawn

Holding

The petition was allowed to be withdrawn, granting the petitioner liberty to challenge the mutation entry under the Maharashtra Land Revenue Code, 1966.

Summary

The petitioner, Gulabrao Kisan Lokhande, filed a writ petition challenging a mutation entry (No.4756) but later sought to withdraw the petition, citing an alternate statutory remedy under the Maharashtra Land Revenue Code, 1966. The petitioner’s counsel requested leave to withdraw with liberty to pursue the appropriate remedy under the Code. The Court considered whether the petitioner could be permitted to withdraw the writ and pursue the statutory remedy. It held that the petitioner may withdraw the petition and is free to challenge the mutation entry under the Maharashtra Land Revenue Code, 1966. Accordingly, the petition was disposed of as withdrawn with the granted liberty.

Issues considered

  • Whether the petitioner is entitled to withdraw the writ petition and pursue the alternative remedy under the Maharashtra Land Revenue Code, 1966

Legislation cited

Subjects

  • writ petition
  • withdrawal
  • alternative statutory remedy
  • mutation entry
  • land revenue law

Judgment

                    KSG                                                          12-WP-7404-2026.doc



                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                             CIVIL APPELLATE JURISDICTION

                                            WRIT PETITION NO. 7404 OF 2026

                    Gulabrao Kisan Lokhande                                    … Petitioner
                             V/s.
                    The Collector Alibag & Ors                                 … Respondents
                                       _______________________________________

                    Mr. Rohit Joshi for the Petitioner.
                    Ms. V.R. Raje, A.G.P. for Respondent-State.
                                     _______________________________________

                                                CORAM : A. S. GADKARI AND
                                                        KAMAL KHATA, JJ.
                                                DATE  : 27th JULY, 2026

                    P.C. :

                    1)              The Petitioner is having alternate statutory remedy under the

                    provisions of the Maharashtra Land Revenue Code, 1966, to challenge the

                    mutation entry No.4756. Learned Advocate for the Petitioner, therefore seeks

                    leave to withdraw Petition with liberty to challenge the said mutation entry

                    by adopting appropriate remedy under the Maharashtra Land Revenue Code,

                    1966.

                    1.1)            Leave and liberty granted.

                    2)              Disposed off as withdrawn with aforesaid liberty.




       Digitally
       signed by
       KIRAN
                                    ( KAMAL KHATA, J. )                   ( A.S. GADKARI, J. )
KIRAN SANJAY
SANJAY GHUGE
GHUGE Date:
       2026.07.30
       12:05:10
       +0530
                                                                                                       1/1


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