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Bombay High CourtWP/10783/2016disposed offdismissed for default

Manoj Padmakar Kate v. The State Of Maharashtra And Others

2017-11-07Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice S. M. Gavhane2 pages

1 wp 10783.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 10783 OF 2016 Manoj Padmakar Kate .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Irfan D. Maniyar, Advocate for the Petitioner. Shri S. W. Mundhe, A. G. P. for Respondent Nos. 1 and 2. Respondent No. 3 served.

Shri P. R. Tandale, Advocate for Respondent Nos. 4 and 5. CORAM : S. V. GANGAPURWALA & S. M. GAVHANE, JJ.

DATE : 7 th November, 2017 PER COURT :

1.

Mr. Tandale, the learned counsel strenuously contends that the petitioner has an alternate remedy before the Divisional Commissioner.

2.

In light of that, though Mr. Maniyar, the learned counsel seeks to make submissions on merits we are not inclined to consider the same. The writ petition is disposed of, with liberty to the petitioner to avail the alternate remedy before the Divisional Commissioner under Rule 14 (1) (a) of the

2 wp 10783.16 Maharashtra Zilla Parishad (Discipline and Appeal) Rules. In case, the appeal is filed, all contentions of respective parties are kept open.

3.

The writ petition is disposed of. No costs.

[S. M. GAVHANE, J. ] [S. V. GANGAPURWALA, J. ] marathe/Nov.17