Balasaheb Narsuba Devkate v. The State Of Maharashtra And Others

36-WP-3552-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.3552 OF 2018 BALASAHEB NARSUBA DEVKATE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Ms. Priya Gondhalekar holding for Senior Advocate Mr. Rajendra S. Deshmukh AGP for Respondents no.1 to 4 - State : Mr. A. A. Jagatkar Advocate for Respondent no.5 : Mr. S. S. Panale ...

AND WRIT PETITION NO. 2330 OF 2018 EKNATH VITTHAL SHIRSATH AND ANOTHER

VERSUS

DIVISIONAL JOINT REGISTRAR AND OTHERS ...

Advocate for Petitioners : Mr. Ruchir Wani h/f. Mr. Nikhil S. Jaju AGP for Respondents No. 1 and 2 - State : Mr. A. A Jagatkar Advocate for Respondents No. 3 and 4 : Mr. S. R. Andhale ...

CORAM :

NITIN B. SURYAWANSHI, J.

DATE :

13-12-2021 PER COURT :- Mr. S. S. Panale, learned Advocate for respondent no. 5 raised a preliminary objection, as to maintainability of the present petition by relying on the order passed by the Co-ordinate Bench of this Court, in Writ petition no. 5362 of 2017 (Vishwanath Marotrao Ganjre Versus Divisional Joint Registrar and others), wherein in similar facts it is held that, an alternate remedy of filing revision under Section 9 of the Maharashtra Money-Lending (Regulation) Act, 2014, is available to the petitioners.

36-WP-3552-18.odt The learned Advocates appearing for the petitioners in both petitions, therefore, seek permission to withdraw the writ petitions with liberty to avail the alternate remedy.

3.

Writ Petitions are disposed of as withdrawn with liberty as prayed for.

4.

In both the matters, the order of status-quo is operating in favour of the petitioners. The same shall continue up to 11th January, 2022.

5.

The authority dealing with the Revision to be filed by the petitioners, may consider the time spent by the petitioners in prosecuting the proceedings in this Court.

( NITIN B. SURYAWANSHI ) JUDGE rrd