Ahmednagar Zilla Shetmajoor Union Shrirampur Through Its General Secretary v. Sub Divisional Officer Shrirampur And Others

2024:BHC-AUG:13391

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 954 WRIT PETITION NO.6769 OF 2024 AHMEDNAGAR ZILLA SHETMAJOOR UNION, SHRIRAMPUR THROUGH ITS GENERAL SECRETARY

VERSUS

SUB DIVISIONAL OFFICER, SHRIRAMPUR AND OTHERS ...

Mr. P.V. Barde, Advocate for petitioner Mr. A.V. Lavte, AGP for respondent Nos.1 and 2 ...

CORAM :

S.G. CHAPALGAONKAR, J.

DATE :

04th JULY, 2024 ORDER :

The petitioner impugns the order dated 15.04.2024 passed by Sub Divisional Officer, Shrirampur in Delay Condonation Application No.312/2023.

Learned AGP invites attention of this Court to the order passed by this Court in Writ Petition No.12965 of 2023 with companion matters, in which this Court held as under - "35.

Having regard to the conspectus of the above discussion, the

954_WP_6769_2024 issues framed for consideration are answered as under : (a) The order of SDO admits the Appeal after condoning the delay. Section 252 of MLRC bars filing of Appeal from an order admitting the Appeal. The only remedy available to the Petitioner is remedy of revision.

(b) By virtue of Section 259 of MLRC, the order admitting Appeal being final as no appeal lies from such decision, the revision would lie before the State Government." In view of the alternate remedy available, the writ petition stands dismissed with liberty to avail the alternate remedy. ( S.G. CHAPALGAONKAR ) JUDGE agd