1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 8475 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 8475 OF 2010 *** 1. Heard. Learned A.G.P. as also Advocate Mr. Bhokarikar for Respondent No.4 point out that remedy of filing appeal under Maharashtra Land Revenue Code is available to the petitioner. 2. Shri Deshmukh points points out that impugned order passed by Sub Divisional Officer on 16th August, 2010 does not make reference to any provision of Maharashtra Land Revenue Code. In reply affidavit, State Government has alleged that petitioner can file appeal under section 59 of Maharashtra Land Revenue Code before Maharashtra Revenue Tribunal. According to him, while filing appeal, there will be a technical problem as first the question of provision under which impugned order is passed may require 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 8475 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. adjudication. 3. He states that the impugned order dated 16th August, 2010 is in fact a communication addressed to Superintendent of Land Records at Jalgaon by Sub Divisional Officer. He points out that initially in the order as printed, the Sub Divisional Officer was of place Jalgaon and by hand the name of place Jalgaon has been erased and words "Erandole, Taluka Erandol" have been added. He contends that Erandol is not a recognised Sub Division and there is no Sub Divisional Officer at Erandol. 4. He further states that though reply was filed before that authority the communication overlooks that reply and mentions that no reply was filed. After filing of reply, the authority had called for certain documents from Gram Panchayat and after receipt of 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 8475 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. those documents, no opportunity has been given to the petitioner to meet those documents. In this situation, according to him, this is a fit matter in which this Court should interfere. 5. Advocate Mr. Bhokarikar has contended that the Petitioner has filed a civil suit challenging very same order and in another matter again filed before the Court of Civil Judge, Junior Division relief in respect of very same land has been claimed against Gram Panchayat. Learned A.G.P. has supported the impugned order by placing reliance on reply affidavit dated 14th October, 2010. 6. The petition is pending before this Court since last about six months. Prima facie perusal itself reveals that the impugned communication is an order by which the land 4 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 8475 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. of petitioner is forfeited to State Government. However, it is in the shape of a communication addressed to Superintendent of Land Records. The reply filed by the petitioner has not been looked into. The question, whether it is passed by competent authority as contemplated by Maharashtra Land Revenue Code also needs to be gone into. 7. In this situation, I find that it would be appropriate if the petitioner is heard again by that authority and fresh orders, in this respect, are passed. For said purpose, the order/ communication dated 16th August, 2010 at Exhibit-Q with the petition is quashed and set aside. The petitioner as also Respondent No.4 are directed to appear before Respondent No.1 Collector, Jalgaon on 18th April, 2011. The office of Collector, Jalgaon, then to direct parties to appear before Sub Divisional Officer, Jalgaon or Sub 5 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 8475 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. Division Officer, Erandol as the case may be. The competent authority shall, thereafter, hear the parties and take fresh decision as early as possible and in any case before 30th June, 2011. 8. With these directions, writ petition is disposed of. No costs. [B.P.DHARMADHIKARI, J.] Dated:30/03/2011. ans/8475