FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders WRIT PETITION NO. 8785 OF 2011 MALTIBAI RAMANLAL PARDESHI VERSUS GRAM SEVAK, GRAM PANCHAYAT KHANDBARA AND ORS ... Advocate for Petitioners : Miss. Mahajan Surekha P. AGP for Respondents: Mr. B.N.Patil ... CORAM : S V GANGAPURWALA, J. Dated: November 21, 2011 ... PER COURT :- 1. The petitioner impugns the notice/order dated 9.11.2011 passed by the Tahsildar, Nawapur Dist. Nandurbar. . 2. Miss Mahajan, learned counsel for the petitioner submits that, the said order is passed by the Tahsildar who does not have any authority under section 50 (3) of Maharashtra Land Revenue Code, 1966. It is only the Collector, who can exercise such a power. Learned counsel further contends that earlier also, the petitioner had filed Writ Petition against similar action and this Court had also observed that no inquiry as contemplated under section 22 of the Maharashtra Land Revenue Code has been initiated and as such passed an order that the petitioner shall not be evicted from the possession without following due procedure of law. Even, now no inquiry has been conducted and straight way FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders order under section 50 of the Maharashtra Land Revenue Code is passed. No opportunity of hearing is given. 2. Mr. Patil learned A.G.P. submits that under sub section 5 of section 50 of the Maharashtra Land Revenue Code, petitioner has alternate remedy of appeal. 3. In view of above, I am not inclined to entertain the petition, when the petitioner is having alternate remedy of appeal as provided under section 50 (5) of the Maharashtra Land Revenue Code. 4. Writ petition is disposed of in view of the alternate remedy. The petitioner is at liberty to avail alternate remedy available under section 50 (5) of the Maharashtra Land Revenue Code. Possession of the petitioner is protected for a period of TEN days from today, so as to enable the petitioner to prosecute the appeal and apply for necessary order. All points kept open. 5. Authenticated copy of the order duly signed by the Court Sheristedar. ( S V GANGAPURWALA, J. ) aaa ...