Hanmant Sharanappa Jirole v. The State Of Maharashtra And Others

2024:BHC-AUG:70 39-WP.8810-15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 39 WRIT PETITION NO. 8810 OF 2015 HANMANT SHARANAPPA JIROLE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for the Petitioner : Mr. Patil N. P. Jamalpurkar. AGP for Respondent/s-State : Mrs. M. L. Sangit. Advocate for Respondent No.6 : Mr. Patil Ganesh Vilasrao. ...

CORAM : S. G. MEHARE, J.

DATE : 03.01.2024 PER COURT :- 1.

Heard the learned counsel for the petitioner and the learned counsel for the respondents.

2.

At the outset, learned counsel for the petitioner would submit that against the impugned orders, a second revision would lie before the State Government. Therefore, the writ jurisdiction may not be exercised.

3.

To bolster his argument, he relied on the case of Gurudassing Nawoosing Panjwani Vs. The State of Maharashtra and others, Civil Appeal No.5102 of 2006, dated 06.11.2015. Relying on the above case law, learned counsel for the petitioner seeks leave to approach the State

39-WP.8810-15.odt Government and the stay order passed by this Court be continued for two (2) months.

4.

Learned counsel for the respondents conceded the law laid down by the Hon'

ble Supreme Court in Gurudassing (cited supra). Since the alternate remedy is available, writ jurisdiction is not exercised. Hence, the following order :

O R D E R

(i) The writ petition stands disposed of (ii) The petitioner may avail the alternate remedy of second revision before the State Government.

(iii) The time spent in this Court may be considered for condoning the delay in preferring the second revision application.

(iv) The interim protection granted by this Court by the order dated 01.09.2015 is continued for three

(3) months from today.

(S. G. MEHARE, J.) ...

vmk/-