Ningappa Sidhgaouda Birajdar v. State Of Maharashtra And ORS.

Sudhir Rane 42-WP-7012-2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7012 OF 2017 Ningappa Sidhgauda Birajdar ... Petitioner.

Versus

The State of Maharashtra, and others ... Respondents.

....

Mr. Amit Sale for the Petitioner.

Mr. A.P. Vanarase, AGP for Respondent Nos.1 and 2. Ms. Priya Patil i/b. Mr. R.A. Shelke for the Respondent No.4. ....

CORAM : Smt.Vasanti A Naik & Riyaz I. Chagla, JJ.

DATE : 3rd October, 2017.

P.C. :

Additional Government Pleader Shri A.P. Vanarase, appearing on behalf of the respondent Nos.1 and 2 raises a preliminary objection to the tenability of the Writ Petition. It is stated that instead of availing the alternate remedy under the provisions of the Maharashtra Village Panchayat Act, the petitioner has rushed to this Court. By upholding the preliminary objection raised on behalf of the respondent Nos. 1 and 2, we decline to entertain the Writ Petition. The Petitioner is however free to avail the appropriate remedy. The Writ Petition stands disposed of. The points raised in the Petition are kept open. No costs. (Riyaz I. Chagla J) (Smt.Vasanti A Naik, J)