Bharat Ramchandra Mhaske And Others v. The State Of Maharashtra Through Its Secretary And Others

2025:BHC-AUG:27835 12-WP-7264-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7264 OF 2022 Bharat Ramchandra Mhaske And Others

VERSUS

The State Of Maharashtra Through Its Secretary And Others ...

Mr. A. A. Nimbalkar, Advocate for the Petitioner Mr. S. N. Kendre, AGP for Respondent Nos. 1 to 5 Mr. R. P. Survase, Advocate for Respondent No. 6 *** CORAM : R. M. JOSHI, J DATE : OCTOBER 06, 2025 PER COURT :

1.

At the outset, learned Counsel for contesting Respondent raised issue with regard to the maintainability of the Petition on the ground that Second Revision is maintainable before State Government against order impugned.

2.

Learned Counsel for the Petitioners, on instructions, seeks withdrawal of the Petition with liberty to file Revision before Hon'ble Minister against order impugned. He submits that Revision would be filed within a period of four weeks from today. He further claims that time consumed in prosecuting this Petition be excluded from the period of computation of Umesh

12-WP-7264-2022.odt limitation.

3.

This Court finds substance in the contention of learned Counsel for contesting Respondent that remedy is available for the Petitioners to challenge the order impugned before Hon'ble Minister. Hence, Petition is permitted to be withdrawn with liberty as prayed.

4.

If the Revision is filed before Hon'ble Minister within a period of four weeks, the issue of limitation shall neither be raised nor be entertained by Hon'ble Minister. Since there is interim relief granted in this Petition on 20.07.2022, in the interest of justice, interim relief granted by this Court to continue for a period of six weeks from today. 5.

Considering the nature of dispute, Hon'ble Minister is requested to decide the said revision, if filed, expeditiously.

(R. M. JOSHI, J.) Umesh