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Bombay High CourtWP/7400/2016disposed offdismissed for default

Ashadevi Jitendra Jaiswal And Another v. The State Of Maharashtra And Others

2016-07-14Hon'Ble Shri Justice Sunil P. Deshmukh2 pages

904 wp 7400.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7400 OF 2016 Ashadevi Jitendra Jaiswal & Anr.

...

Petitioners Vs.

The State of Maharashtra & Ors.

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Respondents WITH WRIT PETITION NO. 7401 OF 2016 Shailesh Kumar Subash Jaiswal & Anr.

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Petitioners Vs.

The State of Maharashtra & Ors.

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Respondents ---- Mr. Pramod C. Mayure, Advocate for the petitioners. Mr. S.K. Tambe, AGP for respondent-state.

---- CORAM : SUNIL P. DESHMUKH, J.

DATE : 14-07-2016.

Per Court :

1.

In view of section 137 of Bombay Prohibition Act, 1949, as contended by learned Assistant Government Pleader, the petitioners may explore the alternate remedy available in law. 2.

As such the writ petitions are not being entertained and are disposed of with liberty to the petitioners to prosecute the alternate remedies available. The time consumed during the pendency of the petitions as well a further period of fortnight may be taken into account when it comes to consideration of condonation of delay.

904 wp 7400.16.odt 3.

Learned counsel states that the petitioners in writ petition no. 7401 of 2016, that tomorrow is the last date and apprehends the deposit of the amount directed may not be accepted which petitioner is likely to deposit 'under protest'. However, such a apprehension is premature, if at all, tomorrow is the last date the authorities may accept the deposit, if so tendered as aforestated.

(SUNIL P. DESHMUKH) JUDGE mub