Sagar Pandurang Gavali v. Tukaram Nivrutti Gavali

*1* 904wp10917o17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 10917 OF 2017 SAGAR PANDURANG GAVALI

VERSUS

TUKARAM NIVRUTTI GAVALI AND OTHERS ...

Advocate for the Petitioner : Shri A.N.Patil h/f Shri Chapalgaonkar Shailesh S..

Advocate for Respondent 1 : Shri Manoj Patil h/f Shri C.K.Shinde. AGP for Respondents 2 and 3 : Shri N.T.Bhagat. ...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 29th November, 2018 Per Court:

The learned Advocate for the Respondents submits that the Petitioner has an efficacious statutory remedy by filing a second revision before the State Government in view of the law laid down by the Honourable Supreme Court in the matter of Gurudassing Nawoosing Panjwani vs. State of Maharashtra and others, 2016 (2) SCC 213 : 2015 (6) Mh.L.J. 915 (SC).

The learned Advocate for the Petitioner submits that though the Petitioner can approach the said authority and he would immediately file the second revision, the ad-interim protection granted by this Court on 08.09.2017 may be continued.

*2* 904wp10917o17 The learned AGP and the learned Advocate for the contesting Respondents opposed the said request.

In view of the above, this Writ Petition is disposed of with liberty to the Petitioner to file the second revision. If the said revision is filed within a period of three weeks from today, the ad-interim order dated 08.09.2017 shall be continued till 31.01.2019 so as to enable the Petitioner to move an application for interim relief in the said revision proceedings.

Needless to state, the competent statutory authority would consider the application for interim relief after hearing all the sides and decide the same on or before 31.01.2019, without being influenced by the grant of ad-interim relief by this Court vide order dated 08.09.2017. In short, the said authority would decide the application for interim relief on it's own merits.

kps (RAVINDRA V. GHUGE, J.)