Dnyneshwar Audumbar Mane And Others vs The State Of Maharashtra Through Its ...
2024 Latest Caselaw 3296 Bom

Bombay High Court

Dnyneshwar Audumbar Mane And Others vs The State Of Maharashtra Through Its ... on 2 February, 2024

                                   1               6- W.P. No.1071-2024.odt




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD

                WRIT PETITION NO. 1071 OF 2024

             Dnyneshwar Audumbar Mane And Others
                                           ....Petitioner
                           VERSUS

     The State Of Maharashtra Through Its Secretary And Others
                                                   .....Respondent
                                .....
       Advocate for the Petitioner : Mr. N. R. Pawade
             AGP for Respondent State : Mrs. M. L. Sangit
                                ....

                              CORAM : S. G. MEHARE, J.

DATE : 02.02.2024

PER COURT :

1. Heard the learned counsel for the petitioner and the learned

AGP for the respondent State.

2. It has been questioned whether revision under Section 257

of the Maharashtra Land Revenue Code, 1955 would lie against

the impugned order of condonation of delay.

3. The learned A.G.P. submits that this Court has taken a view

that there is no period prescribed under Section 32(1) of The

Maharashtra Prevention of Fragmenttion and Consolidation of

Holdings Act, 1947.

4. The learned counsel for the petitioner would submit that

there should be a delay of reasonable period of three years and

not more than three years. In this case, the delay for 52 years has

been condoned. He submits that against the impugned order Writ

is the only remedy. There are various judgments that writ is the

only remedy. He wants time to furnish the relevant case laws.

Time granted.

5. The Deputy Director, Land Record Aurangabad is directed to

complete the hearing, but not to declare the result till Court

directs.

6. List the matter on 26.02.2024.

( S. G. MEHARE ) JUDGE

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