(1) WP 3641.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 3641 OF 2011 Hari Tukaram Patole and ors. PETITIONERS VERSUS The State of Maharashtra and ors. RESPONDENTS ..... Mrs. Vinaya C. Dharurkar, Advocate h/f. Mr. C.V. Dharrukar, Advocate for the Petitioners. Mr. P.P. More, A.G.P. for the Respondent-State. Mr. C.R. Deshpande, Advocate for respondent no.3 ..... CORAM : M.T. JOSHI, J. DATED : 12TH DECEMBER, 2011 ORAL ORDER: 1. Heard. 2. It is an admitted fact that Appeal under section 247 of the Maharashtra Land Revenue Code to the Collector in Schedule 'E' can be filed against the impugned order. 3. The learned counsel for the petitioners submits that since delay of 41 years is condoned by the Tahsildar, it is a rarest of rare case and, therefore, in exercise of the jurisdiction under Article 227 of the Constitution of India, the Writ Petition is maintainable. (2) WP 3641.2011 4. Since alternate efficacious remedy is available to the petitioners, in the exercise of the extra- ordinary jurisdiction or in the supervisory jurisdiction, there is no need to interfere in the matter. The Writ Petition is therefore dismissed. However, the delay if any, in filing the Appeal before the Collector, shall be condoned by the Collector, as provided under section 14 of the Limitation Act, as the petitioners were prosecuting the proceedings before the wrong forum. Sd/- [M. T. JOSHI, J.] arp/