SUBHASH Vs. STATE OF MAHARASHTRA AND ORS.

JUDGEMENT

(1.) Heard learned advocates for the petitioner, respondent No.1 and respondent No.3. None appeared for respondent No.2.

(2.) The petitioner is claiming to be the owner of Plot No.116, Sheet No.10B along with the house constructed over it, applied for allotment of a small strip of land bearing Plot No.119/1, Sheet No.10B, admeasuring 30.8 sq.mtrs., which according to him is the government land lying vacant and adjacent to Plot No.116. The SubDivisional Officer issued proclamation on or about 2nd June, 1994 and as nobody objected, the SubDivisional Officer, after calling the report and after receiving no objection from the Municipal Council, Pandharkawada issued the order dated 10th October, 1997 allotting the strip of land to the petitioner as per the valuation made by the Assistant Director of Town Planning. According to the petitioner, the occupancy price of Rs.10,870/ was deposited and agreement was executed on 10th October, 1997 and possession of Plot No.119/1 was handed over to the petitioner. According to the petitioner, the mutation entries were taken on 19th November, 1997.

(3.) It is not clear as to whether the petitioner had filed appeal or revision before the Commissioner. Shri S.V. Purohit, learned advocate has submitted that the petitioner had filed appeal under Section 247 of the Maharashtra Land Revenue Code, 1966, however, copy of the memo of appeal has not been filed along with the writ petition and inspite of the observations made in the order passed by the State Government that the revision filed by the petitioner before the State Government is not maintainable as the petitioner had already exhausted the remedy of revision before the Additional Commissioner, I find that the petitioner has not raised any ground in this regards in the petition. In the order passed by the State Government, it is recorded that second revision under Section 257 of the Maharashtra Land Revenue Code is not maintainable. It is further recorded that the application under Section 258 of the Maharashtra Land Revenue Code seeking review will not be maintainable before the State Government as the revisional order was passed by the Additional Commissioner and not by the State Government.