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Supreme Court - Daily Orders

Jeevan Vinayak Jahagirdar vs The State Of Maharashtra on 11 August, 2023

Author: B.V. Nagarathna

Bench: B.V. Nagarathna

     ITEM NO.37                                      COURT NO.15                               SECTION IX

                                      S U P R E M E C O U R T O F                I N D I A
                                              RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (C)                             No(s). 16101/2023

     (Arising out of impugned final judgment and order dated 25-04-2023
     in WP No. 4710/2023 passed by the High Court of Judicature at
     Bombay at Aurangabad)

     JEEVAN VINAYAK JAHAGIRDAR                                                        Petitioner(s)

                                                              VERSUS

     THE STATE OF MAHARASHTRA & ORS.                                                  Respondent(s)

     (IA No.143808/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED
     JUDGMENT and IA No.143809/2023-EXEMPTION FROM FILING O.T.)

     Date : 11-08-2023 This petition was called on for hearing today.

     CORAM :
                               HON'BLE MRS. JUSTICE B.V. NAGARATHNA
                               HON'BLE MR. JUSTICE UJJAL BHUYAN

     For Petitioner(s)                    Mr. Vinay Navare, Sr. Adv.
                                          Mr. Kishor Borde, Adv.
                                          Mr. Anand Dilip Landge, AOR
                                          Mr. Avineesh Jha, Adv.

     For Respondent(s)

                                UPON hearing the counsel the Court made the following
                                                   O R D E R

The import of the order of the High Court is that the petitioner has an alternative remedy under the provisions of the Maharashtra Land Revenue Code, 1966; if not under Section 247 of the said Code, under an appropriate provision of the said Code, which remedy the petitioner is at liberty to seek.

The Special Leave Petition is, accordingly, dismissed. Signature Not Verified At this stage, learned Senior Counsel appearing for the Digitally signed by RADHA SHARMA Date: 2023.08.17 petitioner submitted that the petitioner shall seek the appellate 17:53:47 IST Reason:

remedy and that the time spent in prosecuting the matter before the 1 High Court and this Court may be excluded and the point of limitation may not be raised insofar as the said period is concerned.
It is needless to observe that if such an application seeking condonation of delay contains such an averment, the same shall be considered in light of Section 14 of the Limitation Act, 1963.
Pending application(s), if any, shall stand disposed of.
(RADHA SHARMA)                                                 (MALEKAR NAGARAJ)
COURT MASTER (SH)                                               COURT MASTER (NSH)




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