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Bombay High CourtWP/11422/2013disposed off

Sanjay Basu Rathod v. The State Of Maharashtra, Through Secretary, Education Dept, Priimary Section And ORS

2017-11-22Hon'Ble Shri Justice Sandeep Kashinath Shinde,Hon'Ble Shri Justice B.R. Gavai1 pages

4-WP-11422-13.sxw BDPSPS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11422 OF 2013 Sanjay Basu Rathod ..Petitioner

Versus

The State of Maharashtra, Through the Secretary, Education Department, Primary Section, Mantralaya, Mumbai and others ..Respondents Mr. Rajaram Deshmukh for the Petitioner.

Mrs. Rupali M. Shinde, AGP for Respondent Nos.1 and 2. Mr. Anvil S. Kalekar i/by Mr. Jaydeep Deo for Respondent No.3. s CORAM: B. R. GAVAI & SANDEEP K. SHINDE, JJ.

DATE: 22nd November, 2017 P.C.:- 1] Mr. Deshmukh, learned Counsel for the Petitioner, seeks liberty to withdraw the Petition with further liberty to take recourse to the alternative remedy available in law.

2] Petition is disposed of as withdrawn. However, taking into consideration that the Petitioner was bonafide prosecuting erroneous remedy, Petitioner would be entitled to benefit under section 14 of the Limitation Act.

(SANDEEP K. SHINDE, J. ) (B. R. GAVAI, J. ) 1/1