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Bombay High CourtWP/7472/2021disposed off

Smt. Pallavi Jambhale v. State Of Maharashtra Thr. Foodgrains Distribution Officer

2022-03-15Hon'Ble Shri Justice A.S. Gadkari2 pages

spm 1 20-civil-WP7472.21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7472 of 2021 Smt. Pallavi Jambhale .....Petitioner Vs.

State Of Maharashtra through Foodgrains Distribution Officer .....Respondent Mr. S. P. Kanuga i/by Sapna Nath for Petitioner. Mr. C. D. Mali, AGP for Respondent State.

CORAM : A. S. GADKARI, J.

DATE : 15th MARCH, 2022.

P.C.:- At the outset learned AGP raised a preliminary objection and submitted that, under Clause 24 of the Maharashtra Scheduled Commodities (Regulation of Distribution) Order, 1975, a statutory alternate remedy for preferring Appeal before the Competent Authority is available to the Petitioner and without availing the said remedy, the Petitioner has approached this Court.

2.

In view thereof, Mr. Kanuga, learned Advocate for the Petitioner seeks leave to withdraw present Petition with liberty to file a statutory Appeal under Clause 24 of the Maharashtra Scheduled Commodities (Regulation of Distribution) Order, 1975 before the concerned Competent Authority.

1/2

spm 2 20-civil-WP7472.21.doc Leave and liberty granted.

3.

If the Petitioner prefers the said statutory Appeal within a period of three weeks from today, concerned Competent Authority is requested to consider the same on its own merits and decide the same within 6 months from the date of filing of said Appeal. 4.

Petition is disposed off with aforesaid liberty. (A.S. GADKARI, J.) 2/2