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 pertained to Mutation Entry No.3130. The respondents 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 is 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 court held that since the petitioners have an efficacious alternate remedy, the writ petition cannot be entertained. Accordingly, the court dismissed the writ petition, granting liberty to the petitioners to avail the alternate remedy within four weeks. The court clarified that if the appeal is filed within that period, the appellate authority shall decide it on merits without raising the issue of limitation.
Headnote
A) Civil Procedure - Alternate Remedy - Exhaustion of Statutory Remedies - Section 247, Maharashtra Land Revenue Code, 1966 - The court declined to entertain the writ petition challenging the order of the District Superintendent of Land Records in appeal, holding that the petitioners have an efficacious alternate remedy of appeal under Section 247 read with Schedule E of the Code. The court observed that the existence of a statutory appeal bars the exercise of writ jurisdiction. (Paras 3-5)
Issue of Consideration
Whether the Writ Petition challenging the order of the District Superintendent of Land Records should be entertained when an alternate remedy of appeal under Section 247 of the Maharashtra Land Revenue Code, 1966 is available.
Final Decision
The court dismissed the writ petition, granting liberty to the petitioners to avail the alternate remedy of appeal under Section 247 of the Maharashtra Land Revenue Code, 1966 within four weeks. The appellate authority shall decide the appeal on merits without raising the issue of limitation if filed within that period.
Law Points
- Alternate remedy
- Exhaustion of statutory remedies
- Section 247 Maharashtra Land Revenue Code
- 1966
- Writ jurisdiction not to be exercised when alternate remedy available
Case Details
2023 LawText (BOM) (12) 47
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 appeal regarding 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 passed in appeal by the District Superintendent of Land Records concerning Mutation Entry No.3130.
Previous Decisions
The District Superintendent of Land Records passed an order in Appeal No. dz-,d=h@v-dz- 5419@2022@2732 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 efficacious alternate 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.
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.
In view of the above, the Writ Petition is dismissed.
Procedural History
The petitioners filed a writ petition in the High Court of Judicature at Bombay 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 concerning Mutation Entry No.3130. 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: 247, Schedule E
