JUDGMENT

Per Court :-

1. This writ petition is directed against the order dated 10.09.2015 passed by the Sub-Divisional Officer (S.D.O.), Shirdi, in NASR No. 20/2015, whereby order dated 06.05.2003 passed by the Tahsildar, Rahata in file, being No.Gunthewari/SR/21/2003, came to be set aside.

2. Facts:

The Tahsildar, Rahata, vide his order dated 06.05.2003, granted permission to use the land admeasuring 1100 square meters forming part of gut No.115 for non agricultural purpose. The said order was passed in exercise of jurisdiction under the Maharashtra Gunthewari Developments (Regulation, Upgradation and Control) Act, 2001 (for short "the Act of 2001"). The S.D.O., Shirdi vide impugned order dated 10.09.2015, set aside the said order.

3. Mr. A. K. Gawali, learned Advocate for the petitioner would submit that the S.D.O. did not have jurisdiction under the Act of 2001 to set aside the order of the Tahsildar dated 06.05.2003. The learned Advocate took me through the relevant provision of the Act of 2001 to submit the power is vested with the State Government, so as to supervise functioning of the authorities under the Act of 2001. On the question of availability of alternate remedy is conce