Mangal Kalyan Kolhe v. The Union Of India Through The Principal Secretary And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.6264 OF 2023 MANGAL KALYAN KOLHE

VERSUS

THE UNION OF INDIA THROUGH THE PRINCIPAL SECRETARY AND OTHERS ...

Advocate for the Petitioner : Shri Humbe Vilas M. DSGI for Respondent 1/UoI : Shri Ajay G. Talhar Advocate for Respondents 2 and 4/IOC : Shri A.P. Bhandari AGP for Respondent 3/State : Shri S.B. Yawalkar ...

CORAM : RAVINDRA V. GHUGE & Y. G. KHOBRAGADE, JJ.

DATE :- 13th June, 2023 Per Court :- 1.

We have considered the submissions of the learned Advocates for the respective sides. We have perused the representation dated 23.05.2023 filed by the Petitioner. We are informed by the Respondent Company that the Petitioner has a statutory remedy of approaching the competent Court, which is the District Court, under Section 10(2) of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962.

2.

As we consider the request of the Petitioner that his

*2* 918wp6264o23 representation may be decided, the question would be as to whether, the representation could really be maintainable in the light of the provisions of the 1962 Act. If all grievances of the Petitioner can be looked into by the competent Court under Section 10(2), we find that a direction to decide the representation, may not be a wholly fruitful exercise. 3.

In view of the above, this Writ Petition is disposed off with liberty to the Petitioner to avail of a remedy as is permissible in law. In the event of delay, the time spent by the Petitioner in this Court from 01.06.2023 till the passing of this order, would be a ground for condonation of delay. kps (Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.)