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Bombay High CourtWP/6323/2020disposed off

Shaikh Hussain Nizam v. The State Of Maharashtra And Others

2020-10-14Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

1 115-WP-6323-2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 6323 OF 2020 Shaikh Hussain Nizam

...Petitioner

Versus

The State of Maharashtra and Anr.

...Respondents

Mr B.S. Deshmukh, Advocate for Petitioner Mr S.G. Karlekar, A.G.P. for Respondent-State CORAM : S.V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE : 14th OCTOBER, 2020 PER COURT :

1.

We have heard Mr Deshmukh, the learned Counsel for the petitioner. The learned Assistant Government Pleader submits that the penalty has been imposed upon the petitioner. The petitioner has an alternate remedy.

2.

In view of the fact that the petitioner has an alternate remedy, we are not inclined to exercise our writ jurisdiction. 3.

The writ petition is disposed of with liberty to the petitioner to avail an alternate remedy. All contentions are kept open.

2 115-WP-6323-2020 4.

If appeal is filed by the petitioner seeking release of vehicle then, the interim application for release of vehicle shall be decided expeditiously, preferably within a period of three weeks from the date of filing of the appeal. No costs.

[ SHRIKANT D. KULKARNI, J. ] [ S.V. GANGAPURWALA, J. ] mta