1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 417 OF 2010 Sudhakar Vithal Todankar .. Petitioner Vs. Pramod Sudam Hedulkar .. Respondent Mr. R. B. Parab for the petitioner Mr. P. P. Kulkarni for the respondent CORAM: SHRI R. Y. GANOO, J. DATED : 8 th FEBRUARY, 2010 P.C. 1. Name of the petitioner was shown on revenue record in regard to the land described in the body of the petition, against which the appeal was filed before the Sub-divisional officer, Mahad, which was allowed and the matter was remanded to Tahsildar, Shrivardhan for fresh enquiry. 2. The Additional Collector, by his order dated 21 st May, 2008 dismissed the appeal filed by the respondents and then the respondents filed proceedings before the Additional Commissioner, 2 Konkan Division. The Additional Commissioner Konkan Division, passed an order dated 17 th August, 2009, thereby granting the said revision and the name of the present petitioner was ordered to be deleted. 3. This order dated 17 th August, 2009 is challenged in this petition. 4. I have heard learned advocates of both the sides. 5. After having gone through the text of the order impugned, it is noticed that the name of the petitioner was wrongly incorporated in the revenue record and the same was ordered to be removed by the order impugned, being order dated 17 th August, 2009. The learned Additional Commissioner, Konkan Division has also gone through the question of possession and thereby observed that the petitioner has not explained his status so far as the land in question and, therefore, the claim of the petitioner that the petitioner was cultivating the land has been negatived. 6. In my view, the order impugned does not require any 3 interference and the petition is accordingly dismissed. There shall be no order as to cost. 7. After the aforesaid order is passed, the learned Advocate appearing on behalf of the petitioner submitted that his client wants to file civil suit so as to establish his right. It is open for the petitioner to file such a sui, if he so advised. The said suit shall be disposed on its merit. ( R. Y. GANOO, J. ) jpc/-