Ramling Vishwanath Modiwale v. Syed Abdul Samad Syed Khaled And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 935 WRIT PETITION NO.8694 OF 2017 RAMLING VISHWANATH MODIWALE

VERSUS

SYED ABDUL SAMAD SYED KHALED AND OTHERS ...

Advocate for Petitioner : Mr. B.B.Dahiphale h/f Mr. Patil N.P. Jamalpurkar.

AGP for Respondents-State : Mr. S.R.Yadav.

Advocate for Respondent Nos.1 to 4 : Mr. Y.M.Khan. ...

CORAM : V. K. JADHAV, J.

DATE : 20.02.2020 PER COURT :- 1.

The learned AGP in terms of the ratio laid down by the Supreme Court in case of Gurudassing Nawoosing Panjwani Vs. State of Maharashtra and others ; [2015(6) Mh.L.J., 915] submits that the alternate efficacious remedy is available by approaching the State Government. The learned counsel appearing for the petitioner has also not disputed this legal position.

2.

In view of the above, this Writ Petition is disposed off with liberty to the petitioner to avail the alternate remedy and in case if the alternate remedy is availed within a period of

four (4) weeks, then the authority before whom the alternate remedy is availed shall consider the time spent in pursuing this Writ petition to consider the condonation of delay, if any. 3.

Writ Petition is accordingly disposed off.

(V. K. JADHAV, J.) ...

vmk/-