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Bombay High CourtWP/2714/2023disposed off

Sk. Salim Sk. Gafur And Others v. The State Of Maharashtra Through Revenue Ministry And Another

2023-03-08Hon'Ble Shri Justice Arun R. Pedneker1 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 920 WRIT PETITION NO.2714 OF 2023 SK. SALIM SK. GAFUR AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH REVENUE MINISTRY ANDANOTHER ...

Advocate for Petitioners : Mr. A.J. Patil AGP for Respondent/State : Mrs. V.N. Patil-Jadhav ...

CORAM : ARUN R. PEDNEKER, J.

DATED : 08/03/2023 PER COURT :

1.

The learned AGP raises objection to the maintainability of the present writ petition in view of the judgment of the Hon'ble Supreme Court in the case reported in the case of Gurudassing Nawoosingh Panjwani vs State Of Maharashtra & Ors. reported in 2015 (5) Mh.L.J. 915 wherein it has been held that the second revision against the impugned order passed is maintainable before this Court.

2.

In view of the objection and as an alternative remedy is available, the present writ petition is disposed of with liberty to the petitioners to approach the alternate forum.

3.

In the event, the petitioners approach to the alternate forum to challenge the impugned order, the time spent in the present writ petition to be excluded in computing the period of limitation to file the proceeding before the appropriate authority.

[ARUN R. PEDNEKER J.] ssc/