M/S. Balaji Builders And Developers Thru Partners v. State Of Maharashtra And ORS

wp11731.doc ssp FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11731 OF 2018 Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Sagar Anant Joshi for the Petitioner Mr.P.G.Sawant, AGP for the Respondent-State CORAM :A.S.OKA AND M.S.SONAK,JJ.

DATE :OCTOBER 11, 2018 P.C.:

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Not on board. Taken on board.

Heard the learned counsel for the petitioner. It is not in dispute that against the impugned order, remedy of appeal under section 247 of the Maharashtra Land Revenue Code,1966 is available. He submits that as the first Appellate Authority has allowed the appeal without condoning the delay that he has approached the Writ Court.

The issue which the learned counsel for the petitioner wants to canvass can be always canvassed before the second Appellate Authority.

In view of

wp11731.doc availability of an efficacious remedy, we dispose of the petition. All contentions on merits are kept open.

(M.S.SONAK,J.) (A.S.OKA,J.) .

After the order was passed, the learned counsel for the petitioner seeks permission to withdraw this petition with liberty to file a statutory appeal. Accordingly, earlier order is recalled and the writ petition is disposed of as withdrawn with liberty as prayed. All contentions of the parties on merits are kept open.

(M.S.SONAK,J.) (A.S.OKA,J.)