1 wp7470.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION No. 7470 OF 2011 Saleem Bin Awad Chause and others PETITIONERS -VERSUS- Sk. Abdulla Ali Chaus and others RESPONDENTS ...... Shri S.P. Deshmukh, advocate for the petitioners Shri. M.A. Khan, advocate for respondent nos. 1 to 5 Shri P.P. More, A.G.P. for respondent/State. ...... CORAM : S.V. GANGAPURWALA, J. DATE : 20th October, 2011. PER COURT : 1. Respondents had filed the appeal before the Superintendent of Land Records. There was delay in filing appeal. Superintendent of Land Records condoned the delay. Aggrieved thereby, the Revision is filed before the Deputy Director of Land Records. The Deputy Director of Land Records dismissed the said Revision on the ground that same is not maintainable. The said order is assailed in the present Petition. 2. I have heard Shri S.P. Deshmukh, learned counsel for 2 wp7470.11 petitioner and Shri M.A. Khan, learned counsel for respondent nos. 1 to 5 and Mr. P.P. More, learned A.G.P. for respondent nos. 7 to 9. 3. With the assistance of learned counsel, I have perused the impugned order. Deputy Director of Land Records has dismissed the revision only on the count that earlier he had dealt with the appeal and it was held that appeal was not maintainable and on that count has also held that revision is not maintainable. 4. Section 252 of the Maharashtra Land Revenue Code bars the remedy of appeal, if appeal or an application for review is admitted or rejecting an application for revision and review or granting and rejecting application for stay. The effect of application allowing condonation of delay would be that the appeal is admitted. In view of that appeal would not be maintainable, but there is no bar for authority to exercise the revisional jurisdiction under Section 257 of the Maharashtra Land Revenue Code. 5. In that light of the matter, the order impugned cannot be sustained. The impugned order dated 26.07.2011 passed by the Deputy Director of Land Records is quashed and set aside and the parties are relegated before the Deputy Director of Land Records, 3 wp7470.11 Aurangabad. The said authority shall decide the revision filed by present petitioners afresh after giving an opportunity of hearing to the parties. Parties shall appear before the Deputy Director of Land Records on 14th November, 2011. Interim orders passed by this Court on 27th September, 2011 is continued till 14th November, 2011. 6. In the light of above, Writ Petition is disposed of in above terms. However, there is no order as to costs. [S.V. GANGAPURWALA] JUDGE ga s/wp 7470.11