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2025 DAILYLAW 78080 (BOM)

SAU. MANDABAI RANGNATH SAWANT v. BHAGA RAMA KADALE (SINCE DECD) THROUGH LRS.

WP/13042/2016 · 2025-11-19

Gauri Godse

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

47-WP-13042-2016.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13042 OF 2016 Mandabai Rangnath Sawant … Petitioner Vs. Bhaga Rama Kadale (Since Decd.) Through LRS. and Ors. … Respondents Mr. Sunil Karandikar for the Petitioner. Mr. Uday B. Nighot for the Respondent. CORAM : GAURI GODSE, J. DATED : 19th NOVEMBER 2025 ORDER: 1. This petition take an exception to the order passed by MRT dismissing the appeal as not maintainable. The appeal was preferred to challenge the order dated 22nd June 2015 passed by the learned SDO under Sections 36, 36A of Land Revenue Code read with Sections 3, 4 and 10 of the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974. 2. Learned counsel for the petitioner submits that the remedy of the petitioner would be under the provisions of the Maharashtra Land Revenue Code (‘MLRC’). He therefore seeks leave to withdraw this petition with liberty to adopt appropriate proceedings Page no. 1 of 2 MJ Jadhav MANGALTAI JAYWANT JADHAV Digitally signed by MANGALTAI JAYWANT JADHAV Date: 2025.11.20 17:31:57 +0530 47-WP-13042-2016.doc to challenge the order dated 22nd June 2015 passed by the SDO. 3. Leave granted. 4. The petitioner is at liberty to adopt appropriate proceedings under the MLRC as permissible in law. 5. This Court had granted ad-interim relief on 28th November 2016. To enable the petitioner to seek appropriate interim relief in the proceedings proposed to be filed, the protection granted by order dated 28th November 2016 shall continue for a period of four weeks from today. 6. Needless to clarify that the petitioner would be entitled to seek benefit of period of pendency of this petition to seek condonation of delay in the proposed proceedings. 7. Writ Petition is disposed of as withdrawn with the liberty as recorded above. (GAURI GODSE, J.) Page no. 2 of 2