Sudhakar Trimbak Wagh v. Vaibhav Padmakar Wagh And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 912 WRIT PETITION NO.14425 OF 2018 SUDHAKAR TRIMBAK WAGH

VERSUS

VAIBHAV PADMAKAR WAGH AND OTHERS ...

Advocate for Petitioner : Mr. Narwadkar Mrigesh D. Advocate for Respondent No.1: Mr. D.G. Nagode Advocate for Respondent No.3: Mr. S.D. Kotkar AGP for Respondent No.5-State: Mr. A.B. Chate ...

CORAM : V. K. JADHAV, J.

DATED : 10th DECEMBER, 2019 PER COURT :- 1.

Heard learned counsel appearing for the petitioner and the learned AGP. There is a preliminary objection that the alternate efficacious remedy is available to the petitioner. 2.

Learned AGP has placed reliance on the case of Gurudassing Nawoosing Panjwani Vs. State of Maharashtra and Others reported in 2015 DGLS (SC) 1031.

3.

Learned counsel appearing for the petitioner has also not disputed this legal position. Learned counsel, however, submits that the time spent in pursuing the present writ petition may be considered by the revisional authority.

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In view of the above submissions, the writ petition is disposed of with liberty to the petitioner to avail the alternate efficacious remedy, as available in law. If the petitioner avails the alternate remedy within four weeks from the date of this order, the authority before whom the said remedy is availed shall consider the time spent in pursuing the present writ petition for condonation of delay, if any. 5.

The writ petition is accordingly disposed of. (V. K. JADHAV, J.) Sam..