Shesharao Bapurao Dighe 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. 9455 OF 2014 Sheshrao s/o Bapurao Dighe Petitioner

Versus

State of Maharashtra & others Respondents Mr. R.R. Imale, Advocate for the petitioner.

Mr. P.N.Kutti, AGP for respondent No. 1.

CORAM : UJJAL BHUYAN & M.G. SEWLIKAR, JJ.

DATE : 16th March, 2021.

PER COURT :

1.

Heard Mr. Imale, learned counsel for the petitioner and Mr. Kutti, learned AGP for the State.

2.

Learned counsel for the petitioner submits on instructions that petitioner wants to withdraw the writ petition and avail the alternative remedy of appeal as provided in law. He further makes a prayer that the time consumed in pursuing the present writ petition may be excluded while considering limitation in fling the appeal.

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If the petitioner fles appeal, which apparently has become time barred, he may fle an accompanying application for condonation of delay explaining the reasons for such delay including pendency of the writ petition before this Court. On such application being fled, the appellate authority may consider the same and pass appropriate order in accordance with law.

4.

Subject to the above, writ petition is disposed of on withdrawal with liberty as prayed for.

( M. G. SEWLIKAR ) ( UJJAL BHUYAN ) Judge Judge dyb