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Bombay High CourtWP/2712/2017

Rahman Rashid Shaikh v. State Of Maharashtra Through Office Of Govt. Pleader And 2 ORS

2018-08-14Hon'Ble Smt. Justice Anuja Prabhudessai,Hon'Ble Shri Justice Ranjit More.2 pages

P.H. Jayani 39 WP2712.17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2712 OF 2017 Rahman Rashid Shaikh ....Petitioner V/s.

State of Maharashtra & Ors.

....Respondents Mr. Bhavesh Parmar I/b. Devmani Shukla for the petitioner. Mr. Sukanta Karmakar, AGP for the State.

Mr. Milind V. More for respondent no.2.

CORAM : RANJIT MORE & SMT. ANUJA PRABHUDESSAI, JJ.

DATED : 14th AUGUST, 2018 P.C.:

.

Heard the learned counsels for the respective parties. 2.

By order dated 21st March, 2015, the Deputy Collector (Removal/Encroachment), Bandra rejected the petitioner's application for inclusion of his name in 'annexure 2'. The petitioner thereof made a representation to the said Deputy Collector dated 03rd May, 2017 to recall the order dated 21st March, 2015 and reconsider his application dated 03rd May, 2017. The petitioner has now approached this Court seeking direction to the Deputy Collector, Bandra to reconsider his application dated 03rd May, 2017.

P.H. Jayani 39 WP2712.17.doc 3.

Since the reconsideration will amount to review and the Deputy Collector has no powers to review his order, we are not inclined to entertain this petition especially since the petitioner has alternative efficacious remedy to challenge the said order of the Deputy Collector, Bandra by filing an appeal before the Grievance Committee. Petition is accordingly disposed of.

4.

It is made clear that we have not gone into the merits of the matter and the petitioner's representation shall be decided independently and in accordance with the law after hearing the petitioner and other concerned officer and this order shall not be construed as an expression of opinion on merits. 5.

In the event, petitioner files an appeal challenging the said order before the Grievance Committee, the same shall be decided as expeditiously as possible.

6.

Writ Petition stands disposed of.

(SMT. ANUJA PRABHUDESSAI, J.) (RANJIT MORE, J.)