wp4596-11.sxw 1 spb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4596 OF 2011 Shri Bhika Ganpat Ande ... Petitioner. V/s. Shri Govind Dharama Jadhav, since deceased through legal heirs : 1. Girbajai Govind Jadhav and others. ... Respondents. --- Mr. Rameshwar N. Gite for the Petitioner. --- CORAM:- G.S. GODBOLE, J. DATED :- 23rd NOVEMBER, 2011. P.C. : 1 Heard Mr. R.N.Gite, Advocate for the Petitioner. 2 This Writ Petition challenges the order dated 30th May, 2009 passed by the Divisional Commissioner, Nasik in Revision Application No.195 of 1999 in a proceedings under Section 257 of the M.L.R.Code, 1966. 3 In view of the Judgment of the Division Bench of this Court (Coram : S.B.Mhase & S.R.Sathe, JJ.) delivered on 13th July, 2005 in LPA No. 55 of wp4596-11.sxw 2 2003 arising out of W.P. No. 7477 of 2002 in the case of Gurudassing Nawoosing Panjwani vs. State of Maharashtra, it is clear that Second Revision Application before the State Government is maintainable under Section 257 of the Code. It is thus clear that the Petitioner has an alternate efficacious statutory remedy available. On this ground alone, this Writ Petition is not entertained and disposed off by leaving the alternate remedy of the Petitioner open. Since this Writ Petition is lodged on 08.10.2009, the time spent in the filing of this Petition and its prosecution till today will have to be excluded while considering the limitation of the Revision Application and the Petitioner will be entitled to exclude all that time. In view of this, if the Petitioner files the Revision Application within four weeks from today, the Revision Application shall be heard and disposed off on its own merits without raising any objection about delay. 4 The Writ Petition is disposed off. [G. S. GODBOLE, J.]