Mallick Arif Anjum And 12 ORS v. The State Of Maharashtra And 4 ORS

1/2 WPL/1257/2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.1257 OF 2015 Mallick Arif Anjum and Others .... Petitioners.

V/s The State of Maharashtra and Others ..... Respondents.

Mr. Shriram Kulkarni alongwith Ms. Minal Chavan i/b Mr. Vinay Hegde for the Petitioner.

Mr. Umashankar Upadhyay, AGP for Respondent No.1. Mr. D.A. Nalavade for Respondent Nos. 2 and 3. Mr. M.S. Surana for Respondent No.4.

CORAM: V. M. KANADE & B. P. COLABAWALLA, JJ.

DATE:

17th July, 2015 P.C.:- 1.

Preliminary objection is raised by the learned Counsel for Respondent No.4 regarding maintainability of this Petition. He submitted that Petitioners have an alternative efficacious remedy of filing an appeal before the High Power Committee.

2.

Mr. Kulkarni, the learned Counsel appearing on behalf of the Petitioners submits that though an application is filed, it has not been entertained by the High Power Committee.

2/2 WPL/1257/2015 3.

It is not in dispute that the Petitioners have an alternative efficacious remedy. We are therefore not entertaining this Petition. We grant liberty to the Petitioners to approach High Power Committee. Petitioners may file a separate appeal/application before the High Power Committee and may also file in the said appeal/application, an application for interim relief. If such an application is filed, the same may be considered by the High Power Committee on merits and in accordance with law expeditiously. All contentions of all parties are kept open. 4.

Petition is accordingly disposed of.

(B.P. COLABAWALLA, J.) (V.M. KANADE, J.) BDPPS