Sopan Namdeo Garje v. The State Of Maharashtra And Others

2024:BHC-AUG:8384 1 wp 2576.13

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2576 OF 2013 Sopan Namdeo Garje .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Mrs. M. A. Kulkarni, Advocate for the Petitioner - absent. Shri S. B. Pulkundwar, A.G.P. for the Respondent Nos. 1 to 5. Shri N. L. Jadhav, Advocate for the Respondent Nos. 6 and 7. Shri Avinash S. Khedkar, Advocate for the Respondent No. 8. CORAM : SHAILESH P. BRAHME, J.

DATE : 22ND APRIL 2024.

FINAL ORDER :

.

When the matter is called out for hearing, none appears for the petitioner. Even on 21st December, 2023 as well as 27th February, 2024 none appeared for the petitioner. 2.

Petitioner was directed to take steps against the respondent No. 9. No steps were taken and the matter was directed to be abated against the respondent No. 9 recording that matter was eleven years old. Record reveals that the petitioner is not interested in prosecuting the matter.

3.

Besides that, there is alternate efficacious remedy available to the petitioner. The petitioner is challenging order passed by the respondent No. 4/Sub Divisional Officer rejecting application

2 wp 2576.13 for condonation of delay, which is confirmed by the respondent No. 3/Collector and thereafter by the respondent No. 2/Commissioner. There is statutory remedy U/Sec. 247 of the Maharashtra Land Revenue Code for challenging order passed by the Commissioner.

4.

In that view of the matter, the writ petition is dismissed as there is alternate remedy to the petitioner. The petitioner is at liberty to avail the alternate remedy.

[ SHAILESH P. BRAHME, J. ] bsb/April 24