Anandi Atmanand Saraswati A A Alias Rangnath Maharaj Vishranti Mat v. The Additional Commissioner Aurangabad And Others

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.14713 OF 2019 ANANDI ATMANAND SARASWATI

VERSUS

THE ADDITIONAL COMMISSIONER AND OTHERS ...

Advocate for the Petitioner : Shri Gaikwad A.B. AGP for Respondents: Shri Yadav-Lonikar S.R.

...

CORAM : RAVINDRA V. GHUGE, J.

Dated: December 09, 2019 ...

PER COURT :- 1.

The learned AGP submits that the statutory remedy by filing a second revision is available to the petitioner, in view of the judgment delivered by the Honourable Apex Court in the case of Gurudassing Nawoosing Panjwani Vs. State of Maharashtra ( 2016) 2 SCC 213].

2.

I find that the Honourable Apex Court has recently taken a view in Virudhunagar Hindu Nadargal Dharma Paribalana Sabai Vs. Tuticorin Educational Society [(2019) SCC ONLINE SC 1292], that the existence of a statutory remedy is "Near Total Bar" for exercising supervisory jurisdiction by the High Court under Article 227 of the Constitution of India. In yet another order, delivered on 22.11.2019 by the Honourable Apex Court, in the matter of Genpact India Private akl/d

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 2-WRIT PETITION NO.14713 OF 2019 Limited Vs. Deputy Commissioner of Income Tax - Civil Appeal No.8945 of 2019, it has been held that even an admitted petition will have to be dismissed in the wake of a statutory remedy available. 4.

In view of the above, this petition stands disposed off with liberty to the petitioner to avail of the remedy. The time spent by the petitioner in this Court from 22.7.2019 till today shall be considered a good ground for condonation of delay, if any. ( RAVINDRA V. GHUGE, J. ) ...

akl/d