Math Shri Brahamanand Saraswati Maharaj Sansthan Pimpri Raja Through Its President v. Leelabai Sukhdeo Puri And Other

2024:BHC-AUG:10645 (1) 901-wp-2981-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2981 OF 2024 MATH SHRI BRAHAMANAND SARASWATI MAHARAJ SANSTHAN PIMPRI RAJA THROUGH ITS PRESIDENT

VERSUS

LEELABAI SUKHDEO PURI AND OTHER ...

Mr. Sunil V. Kurundkar, Advocate for the Petitioner. Mr. A. S. Shinde, AGP for Respondent Nos.3 to 5. Mr. S. S. Gangakhedkar, Advocate for Respondent Nos.1 and 2. ...

CORAM : S. G. CHAPALGAONKAR, J.

DATED : 12th JUNE, 2024.

P.C.:- 1.

Mr. Gangakhedkar, learned Advocate appearing for respondent nos.1 and 2 relying upon the judgment of the Supreme Court of India in case of Gurudassing Nawoosing Panjwani Vs. State of Maharashtra and Ors1 submits that the petitioner has alternate remedy to file Revision before the Minister concerned of the State Government.

2.

Although Mr. Kurundkar, learned Advocate appearing for the petitioner made endeavour to point out that the impugned order lacks inherent jurisdiction and, therefore, the writ petition can be entertained, after arguing for some time he accepts that it is not a case of inherent lacks of jurisdiction of the learned Divisional Commissioner, who passed the impugned order.

3.

In this situation, Mr. Kurundkar, learned Advocate appearing for the petitioner seeks permission to withdraw the writ petition with liberty to approach the State Government by filing Revision Application. However, he seeks continuation of the 2015 AIR SCW 6277.

(2) 901-wp-2981-2024.odt interim relief already in operation in this petition till he approached the appropriate Forum.

4.

In that view of the matter, writ petition is disposed of as withdrawn. The petitioner is at liberty to approach the State Government within a period of four weeks from the date of the order. Till then, interim relief granted in this petition shall continue to operate. The petitioner shall be at liberty to file the appropriate application for grant of interim relief before the Revisional Authority alongwith Revision Application. (S. G. CHAPALGAONKAR) JUDGE Devendra/June-2024