Dudhaji Sukhdeo Andhale And Another v. The Deputy Commissioner General Administration Aurangabad Divisional Commissioner Office And Others

(1) 914wp1436.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 914 WRIT PETITION NO.1436 OF 2022 DUDHAJI SUKHDEO ANDHALE AND ANOTHER

VERSUS

THE DEPUTY COMMISSIONER GENERAL ADMINISTRATION AURANGABAD DIVISIONAL COMMISSIONER OFFICE AND OTHERS Mr. Milind K. Deshpande, Advocate for the petitioners Mr. S. B. Pulkundwar, AGP for the respondents/State CORAM : KISHORE C. SANT, J.

DATE: 24th JULY, 2023 P. C.

1.

At the outset learned AGP points out that there is alternative remedy available to the petitioners of filing revision under Section 257 of the MLR Code before the State Government by relying upon the judgment in the case of Gurudassing Nawoosing Panjawani Vs State of Maharashtra reported in 2015 (6) Mh.L.J. (SC) 915.

2.

Though the learned advocate for the petitioners submits that alternative remedy is no bar this court finds that in

(2) 914wp1436.22 view of the present facts of the matter, it would be appropriate to direct the petitioners to approach the State Government by filing revision.

3.

Therefore, the petition stands disposed off with liberty to the petitioners to file revision before the State Government.

4.

Needless to say that time spent before this court in prosecuting the writ petition shall be considered by the appellate authority while condoning the delay that would be caused in filing the revision.

[KISHORE C. SANT, J.] VishalK/914wp1436.22