107-WP-694-2023.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 107 WRIT PETITION NO. 694 OF 2023 Bapu Babu Surwase and Others VERSUS The State Of Maharashtra Through Revenue Department And Others ….. Mr. Sarwade (Patil) D. D., Advocate for the Petitioners Mrs. D. S. Jape, AGP for the Respondent Nos.1 to 3 – State Mr. S. A. Wakure, Advocate for Respondent Nos.4 and 5 ….. CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 28.01.2026 PER COURT : 1. Heard the learned Counsel for the respective parties. 2. The Petitioners are aggrieved by the order dated 01.11.2022 passed by the learned District Superintendent of Land Record, Osmanabad, whereby Appeal filed by Respondent Nos.4 and 5 came to be allowed. 3. The learned Counsel Mr. S. A. Wakure for Respondent Nos.4 and 5 raised a preliminary objection as regards the tenability of the Petition by pointing out that against the impugned order, the Petitioners have an alternative remedy of filing an Appeal before the Deputy Director of Land Records. 4. In view of availability of alternate remedy, I am not inclined to entertain the present Petition and the same is disposed of accordingly. 1 2026:BHC-AUG:3547 107-WP-694-2023.odt 5. The Petitioners are at liberty to file an Appeal before the Deputy Director of Land Records within a period of eight weeks from today. 6. If the Petitioners file the Appeal within a period of eight weeks from today, the time spent in prosecuting the present Petition shall be taken into consideration by the Appellate Authority while deciding the issue of limitation. 7. The interim order passed by this Court on 24.01.2023 shall continue till the Appellate Authority decides the Appeal on its own merits. 8. If the Petitioners file the Appeal within the aforesaid period, the Deputy Director of Land Records shall decide the same on its own merits within a period of six months from today. [SIDDHESHWAR S. THOMBRE, J.] Sameer/January-2026 2