Shivaji Dagdu Gawade Thr His Constituted Attorney v. The District Magistrate And Collector Pune

2 WP-8098-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8098 OF 2023 Shivaji Dagdu Gawade Through His Constituted Attorney Shayran Shivaji Gawade

...Petitioner

Versus

The District Magistrate And Collector Pune and Ors.

...Respondents

Mr. Sushant S. Prabhune, for Petitioner.

Mr. P.P. Kakade, GP, for Petitioner a/w. Mr. A.I. Patel, Addl. GP and Mr. M.M. Pabale, Addl. GP, for Respondent/State.

CORAM

: B. P. COLABAWALLA & by HUSENBASHA RAHAMAN NADAF Date:

2023.07.05 11:25:02 +0530 HUSENBASHA RAHAMAN NADAF M.M. SATHAYE, JJ.

DATE : JULY 3, 2023 P. C.

1.

The learned counsel appearing on behalf of the Petitioner fairly stated that to challenge the order dated 25.03.2021 passed by the District Magistrate, there is an equally efficacious alternate remedy available to him under section 17 of the SARFAESI Act, 2002. He, therefore, sought leave to withdraw the above Petition with liberty to pursue the said alternate remedy.

JULY 3, 2023 Husen

2 WP-8098-2023.doc 2.

In these circumstances, the above writ petition is dismissed as withdrawn, with liberty as prayed.

3.

It is needless to clarify that we have not opined on the merits of the matter which shall be decided by the DRT in accordance with law.

4.

All concerned to act on an authenticated copy of this order duly authenticated by the Associate.

[ M.M. SATHAYE, J.] [ B. P. COLABAWALLA, J.] JULY 3, 2023 Husen