1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8505 OF 2004 Shri Vitthal Bandu Lokhande and ors. Petitioners Vs Smt.Tarabai Pilu Shinde, since deceased through her L Rs Smt Rukmini Bhiku Kalokhe and ors. Respondents Mr Dilip Bodake, Advocate for the petitioners. Mr Sanjiv A Sawant, Advocate for respondent nos 2A to 2D with Ms Gunjan Shah. CORAM: S.C.DHARMADHIKARI,J. DATE : 18/07/2011 PC: 1. The petitioners are the original appellants in a revision application which has been dismissed by the impugned order dated 6.4.2004. 2. Upholding the objection on the grounds of maintainability and that the second revision application is not maintainable under section 247 of the Maharashtra Land Revenue Code, 1966 that the subject revision application has been dismissed. 3. The view taken by the Principal Secretary and Officer on Special Duty (Appeals) in the department of Revenue and Forests, is not in consonance with the law laid down by this court in the case of Gurudassingh N.Panjwani Vs. State of Maharashtra and others, LPA No. 55 of 2003 in Writ Petition T 2 No.7477 of 2002, decided on 13.7.2005. In the light of the law laid down in this decision, the application preferred by the petitioners could not have been dismissed as not maintainable. On this short ground alone the impugned order is quashed and set aside. The revision application is restored to file of the Principal Secretary and Officer on Special Duty (Appeals & Revisions), Revenue and Forests Department, Government of Maharashtra. It shall now be decided by the Principal Secretary as expeditiously as possible and within a period of eight weeks from today. All contentions on both sides on merits are kept open. Equally, it would be open for the respondents to point out that this revision application should not be entertained in the light of the conduct of the present petitioners in suppressing material facts from the authorities. All contentions even in that regard are kept open. The writ petition is disposed of in these terms. No order as to costs. (S.C.DHARMADHIKARI, J.) 3