Case Note & Summary
The petitioners challenged the order dated 18th April 2023 passed by the District Superintendent of Land Records in Appeal No. dz-,d=h@v-dz- 5419@2022@2732, which concerned Mutation Entry No. 3130. At the outset, the respondent's counsel raised a preliminary objection that the writ petition should not be entertained because an alternate remedy of appeal under Section 247 of the Maharashtra Land Revenue Code, 1966 was available. The court examined Section 247 and Schedule E of the Code, which provide for an appeal from decisions of the District Inspector of Land Records to the Superintendent of Land Records or officers of equal rank. The petitioners had already availed one appeal before the District Superintendent of Land Records, and a further appeal was available under Section 247. The court held that since the petitioners had not exhausted the statutory remedy of appeal, the writ petition could not be entertained. The court dismissed the petition, leaving the petitioners free to pursue the alternate remedy.
Headnote
A) Civil Procedure - Alternate Remedy - Exhaustion of Statutory Appeal - Section 247, Maharashtra Land Revenue Code, 1966 - The court declined to entertain the writ petition as the petitioners had an efficacious alternate remedy of appeal under Section 247 read with Schedule E of the Code. The court held that the existence of a statutory appeal bars the exercise of writ jurisdiction unless exceptional circumstances are shown. (Paras 3-5)
Issue of Consideration
Whether the Writ Petition challenging the order of the District Superintendent of Land Records should be entertained in view of the availability of an alternate remedy of appeal under Section 247 of the Maharashtra Land Revenue Code, 1966.
Final Decision
The Writ Petition is dismissed. The petitioners are at liberty to avail the alternate remedy of appeal under Section 247 of the Maharashtra Land Revenue Code, 1966.
Law Points
- Alternate remedy
- Exhaustion of statutory appeal
- Section 247 Maharashtra Land Revenue Code
- 1966
- Schedule E
- Writ jurisdiction not to be exercised when alternate remedy available
Case Details
2023 LawText (BOM) (12) 37
Writ Petition No. 7400 of 2023
Mr. Keshav B. Borhade (for Petitioners), Mrs. M. S. Srivastava, AGP (for State/Respondent Nos.1 and 2), Mr. Tejas Deshmukh (for Respondent Nos.3 to 8)
Rahibai Laxman Lokhande & Ors.
State of Maharashtra & Ors.
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Nature of Litigation
Writ Petition challenging the order of the District Superintendent of Land Records in an appeal concerning Mutation Entry No. 3130.
Remedy Sought
Petitioners sought to challenge the legality and validity of the order dated 18th April 2023 passed by the District Superintendent of Land Records.
Filing Reason
The petitioners were aggrieved by the order of the District Superintendent of Land Records in Appeal No. dz-,d=h@v-dz- 5419@2022@2732 regarding Mutation Entry No. 3130.
Previous Decisions
The District Superintendent of Land Records had passed an order in appeal on 18th April 2023.
Issues
Whether the writ petition should be entertained when an alternate remedy of appeal under Section 247 of the Maharashtra Land Revenue Code, 1966 is available.
Submissions/Arguments
Mr. Deshmukh, counsel for contesting respondents, submitted that the writ petition should not be entertained due to availability of alternate remedy of appeal under Section 247 of the Maharashtra Land Revenue Code, 1966.
Ratio Decidendi
The existence of an alternate statutory remedy of appeal under Section 247 of the Maharashtra Land Revenue Code, 1966 bars the entertainment of a writ petition under Article 226 of the Constitution of India, unless exceptional circumstances are shown.
Judgment Excerpts
At the outset, it is the contention of Mr. Deshmukh, learned counsel appearing for 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 (the said Code).
Procedural History
The petitioners filed a writ petition challenging the order dated 18th April 2023 passed by the District Superintendent of Land Records in Appeal No. dz-,d=h@v-dz- 5419@2022@2732. The respondents raised a preliminary objection regarding alternate remedy. The court heard the parties and dismissed the petition.
Acts & Sections
- Maharashtra Land Revenue Code, 1966: Section 247, Schedule E
