Radhe Radhe Building Material Suppliers Through Its Proprietor Shankar Ramdas Chaudhari v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8158 OF 2016 Radhe Radhe Building Material Suppliers Petitioner

Versus

State of Maharashtra & others Respondents Mr. A.B. Kale, advocate for petitioner.

Mr. P.N. Kutti, A.G.P. for respondents.

CORAM : R.M.BORDE & K.K. SONAWANE, JJ.

DATE : 26th FEBRUARY, 2018 PER COURT:

1.

The order impugned in this petition passed by the Collector is appealable and, an objection is raised on behalf of the State that the petitioner has approached this Court without availing the remedy of appeal.

2.

Considering this aspect and with a view to meet the ends of justice, we permit the petitioner to present an appeal with the appellate authority raising challenge to the order impugned in this petition within a period of four weeks from today. 3.

If petitioner tenders appeal with the appellate authority within a period of four weeks from today, the appellate authority shall decide the appeal in accordance with the provisions of law and on its own merits, as expeditiously as possible, preferably

{2} wp8158.16.odt within a period of two months from the date of presentation of appeal.

4.

Looking to the aspect of time spent in prosecuting the remedy of writ petition before this Court, we direct the appellate forum to pass a reasoned order on its own merit, while deciding appeal.

5.

In view of above, writ petition stands disposed of. K. K. SONAWANE R.M.BORDE JUDGE JUDGE dyb