Mohan Vishwanath Tawale v. The Deputy General Manager And Others

2025:BHC-AUG:13208 4-WP-4387-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4387 OF 2024 Mohan Vishwanath Tawale

VERSUS

The Deputy General Manager And Others *** • Mr. M. V. Thorat, Advocate for the Petitioner • Mr. S. S. Rathi, Advocate for the Respondent Nos. 1 and 2 • Mr. R. B. Bagul, Standing Counsel for Respondent No. 3 *** CORAM : R. M. JOSHI, J DATE : MAY 05, 2025 PER COURT :

1.

After hearing learned Counsels for both sides, when this Court has shown disinclination to cause interference in the impugned order, learned Counsel for Petitioner, on instructions, seeks withdrawal of the Petition with liberty to file Appeal against impugned order. He further submits that the delay in filing of the Appeal be condoned.

2.

Learned Counsel for contesting Respondents though has not objected for withdrawal of the Petition, he however contends that this Petition itself has been filed after a period of one year and two months after Umesh

4-WP-4387-2024.odt passing of impugned order. It is contended that it be left open for the Appellate Authority to decide issue of limitation so also other issues in accordance with law.

3.

Petition is dismissed as withdrawn with liberty as prayed to the extent that the Appellate Authority shall exclude the time spent in prosecuting this Petition while computing the delay. Appellate Authority to decide the Appeal in accordance with law. (R. M. JOSHI, J.) Umesh