1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1040 OF 2007 IN REVIEW PETITION ST.NO.6464 OF 2007 IN WRIT PETITION NO.4881 OF 2005 Eknath Narayan Bhoir .. Applicant Vs. Shalik Laxman Patil & Anr. .. Respondents Mr.A.A.Garge i/b Mr.Yogesh Dabke for the applicant Mr.A.S.Gadkari for respondent no.1 Smt.P.S.Cardozo, A.G.P. for the state CORAM : J.N.PATEL, J CORAM : J.N.PATEL, J CORAM : J.N.PATEL, J DATED : 24TH APRIL, 2007 DATED : 24TH APRIL, 2007 DATED : 24TH APRIL, 2007 (IN CHAMBER) (IN CHAMBER) (IN CHAMBER) P.C.: 1. This is an application for review pursuant to the order passed in Letters Patent Appeal where the Division Bench granted liberty to the petitioner to seek review of this courts order dismissing their writ petition impugning the order passed by the Revenue Authorities relating to mutation entry. 2 2. The main contention of the learned counsel appearing for the review applicant is that the applicant had an alternate remedy to prefer an appeal under the Maharashtra Land Revenue Code and therefore, he may be permitted to prosecute the alternate remedy by withdrawing the writ petition. It is brought to the notice of this court that in an identical matter such an exercise was undertaken and this court granted liberty. 3. With due respect to the decision of the Division Bench which granted such liberty in a Letters Patent Appeal merely for asking by the Petitioner and without examining the legality of the impugned order and tenability of the appeal, I am of the opinion that as the applicant / petitioner having exercised the option and elected to challenge the impugned order by preferring a writ petition under Article 227 of the Constitution of India which was entertained by this court and dismissed, now the alternate remedy which he claims he can avail of, is not available to the petitioner and therefore, this cannot be a ground to review 3 the order passed by this court while dismissing the writ petition as there is no error apparent on the face of the record to invite any such interference, as such an application for review is dismissed with costs. ( SHRI J.N. PATEL, J ) ( SHRI J.N. PATEL, J ) ( SHRI J.N. PATEL, J )