In presence of an alternative remedy to appeal, a Writ petition won’t suffice in the court of law : Bombay HC
TITLE : Rahibai Laxman Lokhande & Ors. V State of Maharashtra
CITATION : W.P No 7400 of 2023
CORAM : Hon’ble justice Madhav J. Jamdar
DATE: 5th December, 2023
INTRODUCTION :
The challenge in the present Writ Petition is to the legality and validity of the order dated 18th April 2023 passed by the District Superintendent of Land Records in Appeal.
FACTS :
The contesting Respondents that the Writ Petition be not entertained in view of the availability of the alternate remedy. He submitted that there is Appeal provided under Section 247 of the Maharashtra Land Revenue Code, 1966.
Section 247 provides that, an appeal shall lie from any decision or order passed by a revenue or survey office specified in column 1 of the Schedule E under this Code or any other law for the time being in force to the officer specified in column 2 of that Schedule whether or not such decision or order may itself have been passed on appeal from the decision of order of the officer specified in column 1 of the said Schedule: Provided that, in no case the number of appeals shall exceed two.
The Petitioners contend that the impugned order itself has been passed in Appeal and therefore, the Second Appeal is not competent under Section 247 of the said Code.
COURT’S ANALYSIS
The court held that Section 247 of the said Code very clearly specifies that two Appeals are competent and the Appellate Authorities are described in Schedule E.
Accordingly, the Writ Petition is dismissed in view of availability of the alternate remedy of statutory Appeal under Section 247 of the said Code, with no order as to costs. It is clarified that the Petitioners can file the Appeal as contemplated under Section 247 of the said Code challenging the impugned order.
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Written by- Sanjana Ravichandran