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2015 Supreme(Bom) 464

R.K.DESHPANDE
Arun Bhanudas Ubhad – Appellant
Versus
Additional Commissioner, Amravati Division, Amravati – Respondent


Advocates Appeared:
K.P. Mahalle, Advocate for Petitioners.
Mrs. Rashi A. Deshpande, AGP for Respondent No.1.

ORAL JUDGMENT

1. Rule, made returnable forthwith. Heard finally by consent of the learned counsels appearing for the parties.

2. The challenge in this petition is to the order dated 01.01.2015 passed by the Additional Commissioner treating revision filed under Section 257 of the Maharashtra Land Revenue Code, 1966 as an appeal filed under Section 249 of the Maharashtra Land Revenue Code, 1966 (“MLR Code”). The question is of the jurisdiction of the Additional Commissioner to pass such an order.

3. The undisputed factual position is that the mutation entries were recorded in the name of the petitioners by an order passed by Sub Divisional Officer on 04.01.1994. Revision under Section 257 of the Maharashtra Land Revenue Code was preferred before the Collector on 04.05.2006, the same was dismissed on 05.05.2008 maintaining the order passed by the Sub Divisional Officer. The respondent Nos.2 to 5 again preferred another revision under Section 257 of the MLR Code on 26.05.2011 challenging the order passed by the Collector on 05.05.2008. When it was noticed that such revision was not maintainable, an application was moved on 18.09.2012 by the respondent Nos.2 to 5 for grant of permission t




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