Shivaji Vishwanath Thorat And Another v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.302 OF 2021 Shivaji s/o Vishwanath Thorat & another Petitioners

Versus

The State of Maharashtra & others Respondents Mr. N.B.Narwade, advocate for the Petitioners. Mr. R.D.Sanap, AGP for Respondents No.1 to 3. CORAM : V.K.JADHAV, J.

DATE : 23rd February, 2021.

PC :

The learned AGP has raised preliminary objection that an alternate effcacious remedy is available to the petitioner by fling revision/appeal before the appropriate forum. The learned AGP, in order to substantiate his contention, placed reliance on the order dated 24th November, 2017, passed by the Division Bench of this Court in Pramod Ramchandra Kulkarni Vs. The State of Maharashtra & another, wherein same view has been expressed. The learned Counsel for the petitioners has not disputed this legal position.

{2} wp30221.odt Learned Counsel for the petitioners, on instructions, seeks leave to withdraw this petition with liberty to the petitioners to avail of alternate remedy so available in law. Writ Petition is disposed of as withdrawn with liberty to the petitioners to avail of alternate remedy in accordance with law. Upon availing such alternate remedy by way of fling revision/ appeal, it is for the appellate/revisional authority to consider the time spent in pursuing instant writ petition for condonation of delay, if any, caused in availing such alternate remedy. (V.K.JADHAV) JUDGE adb