MADHU RAMESH JAIN Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) By filing the present petition, the petitioner has taken exception to the common order passed by 3rd Joint Civil Judge, Senior Division, Jalgaon on 5th September, 2015 below Exhibits26 and 46 in Regular Civil Suit No.260/2015. Both the aforesaid applications were filed by the present petitioner. The petitioner has filed the aforesaid civil suit seeking a declaration that the two orders both dated 6th August, 2015 passed by District Collector, Jalgaon( Respondent No.1) be declared null and void and consequently be quashed and set aside. Along with the civil suit, the petitioner had also filed an application seeking interim injunction by invoking the provisions under Order 39 Rule 1 of Code of Civil Procedure,1908 (for short the Code).

(3.) Respondent No.1 has filed his written say raising a preliminary objection as regards to the jurisdiction of the Court to try and entertain the suit so filed by the petitioner. According to Respondent No.1, the remedy available for the plaintiff was to file an appeal under the provisions of Section 20 of the Maharashtra Land Revenue Code, 1966 and no suit was liable to be entertained in the form and manner it was filed by the petitioner/plaintiff.