Jignesh Himmatlal Nagariya And Others v. The State Of Maharashtra And Another

12-wp-11296-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 12 WRIT PETITION NO.11296 OF 2021 JIGNESH HIMMATLAL NAGARIYA AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Petitioners : Mr. Pramod Gaikwad h/f Mr. Talhar Ajay G. AGP for Respondents : Mr. K.N. Lokhande ...

CORAM : A.S. GADKARI & S.G. MEHARE, J.J.

DATED : 03rd JANUARY, 2022 PER COURT:- 1.

Petitioners have invoked jurisdiction of this Court under Article 226 of the Constitution of India without availing substantive alternate remedy available at their disposal i.e. fling of a civil suit for injunction or for other reliefs as may be permissible under the law. 2.

In view thereof, learned advocate for the petitioners seeks leave to withdraw present petition with liberty to adopt appropriate substantive alternate remedy available at their disposal. 3.

Leave and liberty granted.

4.

Petition is disposed of as withdrawn with the aforesaid liberty.

5.

It is made clear that, the observations made by this Court in order dated 08.10.2021 are prima facie in nature and were made on the basis of submissions made by learned advocate for the petitioners. The learned Judge of the Civil Court shall not get infuenced by the 1/2

12-wp-11296-2021.odt same at the time of deciding the proceedings to be fled by the petitioners.

(S.G. MEHARE. J.) (A.S. GADKARI, J.) Mujaheed// 2/2