Yashwant Shankar Koli v. The State Of Maharashtra Through Its Principal Secretary And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 46 WRIT PETITION NO.7173 OF 2023 DHONDU SHAHADU SAPKALE THROUGH ITS GPA SURESH MAGAN SHIRSATH

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS WITH 66 WRIT PETITION NO.7212 OF 2023 YASHWANT SHANKAR KOLI

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS Mr.Bhushan Mahajan, Advocate for the Petitioner. Mr.V.M.Kagne and Mr.P.K.Lakhotiya, AGPs'

for Respondent/State.

( CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.) DATE : JULY 3, 2023 PER COURT :

1.

The impugned notice dated 10.04.2023 (wrongly typed as 10.04.2022 in Exh.H), issued by the Tahsildar, Chopada is a result of an order of the District Collector dated 23.03.2023. The said order is already impugned by the Petitioner before the Higher Authority i.e. the Office of the Divisional Commissioner. The impugned notice has its khs/July 2023/7173

- 2 - foundation in the said impugned order.

2.

When an appeal is already pending and the impugned notice challenged before us is an outcome of the order of the District Collector, which is being considered by the Divisional Commissioner, we permit the Petitioner to challenge the said notice by preferring an interim application before the Commissioner and seek urgent relief. 3.

With the above direction, this petition is disposed off. ( Y. G. KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J.) khs/July 2023/7173