Narayan Vitthal Dhutraj And Others v. The Divisional Additional Commissioner No 1

1 wp 5.2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 920 WRIT PETITION NO.5 OF 2023 NARAYAN VITTHAL DHUTRAJ AND OTHERS

VERSUS

THE DIVISIONAL ADDITIONAL COMMISSIONER NO 1 AURANGABAD AND OTHERS ...

Advocate for Petitioners:

Mr. Ghatol Patil Shahaji B.

AGP for Respondent/State: Mr. N. T. Bhagat ...

CORAM: ARUN R. PEDNEKER, J.

DATE:

07th JANUARY, 2023 PER COURT:

1.

The learned AGP raises an objection to the maintainability of the present writ petition in view of the alternate remedy available to the petitioners before the State authorities.

2.

In view of the same, the petitioners seeks leave to withdraw the present petition with liberty to approach the alternate forum. This petition is disposed off with liberty to the petitioners to challenge the impugned order passed by the learned Divisional Commissioner No.1,

2 wp 5.2023 Aurangabad dated 23.03.2022 in matter No. ROR/REV/ 151/2021, before the appropriate State authority. 3.

Needless to mention that in the event the petitioners file appropriate proceedings as aforesaid, the time spent in prosecuting the present writ petition before this court would be excluded in computing the period of limitation under Section 14 of the Limitation Act.

[ARUN R. PEDNEKER, J.] marathe