Captain Haresh Gaglani (Retd) v. The Commissioner Of State Excise And ANR

58.WPNo.42502022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4250 OF 2022 Captain Haresh Gaglani (Retd.) ...

Petitioner

Versus

The Commissioner of State Excise & Anr.

...

Respondents Mr. Prashant G. Pandey, Advocate for the Petitioner. Smt. M. S. Bane, AGP for the Respondent No.1/State. Mr. Svishal Thadhani a/w. Ms. Snehal Gambhir, Advocate for the Respondent No.2.

CORAM:

S.V. GANGAPURWALA & M. G. SEWLIKAR, JJ.

DATED :

APRIL 26, 2022 P.C.

1.

The learned AGP raises an objection that the petitioner has alternate remedy of fling the revision. The learned Counsel for the petitioner submits that though the alternate remedy is available to the petitioner, as the respondent No.2 is an infuential person, the present petitioner may not get relief.

2.

The petitioner cannot proceed with the said apprehension. Exercise of the revisional jurisdiction would be the exercise of quasi-judicial authority and not the administrative one.

3.

The petitioner may avail the alternate remedy as may be permissible in law and all contentions of the parties are kept open.

Gaikwad RD 1/2

58.WPNo.42502022.doc 4.

The Authority while considering the revision shall consider the time spent in prosecuting the present writ petition and shall endeavour to decide it expeditiously 5.

The writ petition is accordingly disposed of. No costs. (M. G. SEWLIKAR, J.) (S.V. GANGAPURWALA, J.) Digitally signed by RAJU DATTATRAYA GAIKWAD Date:

2022.04.27 20:02:29 +0530 RAJU DATTATRAYA GAIKWAD Gaikwad RD 2/2