Alka Anil Rathod v. The State Of Maharashtra Through Secretary And Others

2025:BHC-AUG:36615 1 917 WP 10819-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 917 WRIT PETITION NO. 10819 OF 2023 ALKA ANIL RATHOD

VERSUS

THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS ...

Mr. Laxman H. Kawale - Advocate for Petitioner Mr. D.R. Korde - AGP for Respondent No.1, State Mr. N.N. Desale - Advocate for Respondent No.2 Mr. Yogesh B. Balkar h/f. Mr. K.B. Jadhav - Advocate for Respondent No.8 ...

CORAM

: SIDDHESHWAR S. THOMBRE, J.

DATE :

18.12.2025 PER COURT :

1.

Heard learned Counsel for the respective parties. 2.

The petitioner assails the order dated 25.04.2023 passed by the respondent authorities in favour of respondent No.8. 3.

Learned Counsel for respondent No.8 raises a preliminary objection regarding the maintainability of the present petition on the ground that, in view of Government Resolution, if any order is passed by the Chief Executive Officer, the aggrieved party has an alternate remedy of filing an appeal before the Divisional Commissioner.

4.

In view of the above objection, the Writ Petition is disposed of as not maintainable.

2 917 WP 10819-2023.odt 5.

The petitioner is at liberty to file an appropriate appeal before the Divisional Commissioner, Nashik, within a period of four (4) weeks from today.

6.

The delay caused in prosecuting the present petition shall be taken into consideration by the appellate authority while consideration an application for condonation of delay.

[ SIDDHESHWAR S. THOMBRE ] JUDGE Pooja Kale/