Namdeo Balbhim Bangal v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 6425 OF 2021 Namdeo S/o Balbhim Bangal Petitioner

Versus

The State of Maharashtra & others Respondents Mr. S.S. Thombre, Advocate for the petitioner. Mr. A.R. Kale, AGP for respondents No. 1 to 3. CORAM : S. V. GANGAPURWALA & M. G. SEWLIKAR, JJ.

DATE : 21st June, 2021.

PER COURT :

1.

We have heard Mr. Thombre, learned counsel for the petitioner.

2.

Mr. Kale, learned AGP submits that the petitioner has a remedy of second appeal as per Government Resolution. First appeal was also preferred as per the Government Resolution. 3.

In the light of that, we are not inclined to consider the petition on merits. Writ petition is disposed of with liberty to the petitioner to avail of remedy of second appeal. If second appeal is

- 2 - filed within a period of 10 days from today, the issue of limitation may not be raised. All contentions of the parties are kept open. 4.

As the petition was filed before the learned Vacation Judge and the learned Vacation Judge had protected the petitioner, we are continuing the protection granted by the learned Vacation Judge for a period of 15 days from today so as to enable the petitioner to file second appeal and request for necessary orders. We have granted this protection only because the petition was earlier entertained by the learned Vacation Judge.

( M. G. SEWLIKAR ) ( S. V. GANGAPURWALA ) Judge Judge dyb