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Bombay High CourtWP/7682/2014rejected at admission stage

Kiran Kailash Kasliwal v. The State Of Maharashtra And Others

2015-08-10Hon'Ble Shri Justice R. M. Borde,Hon'Ble Shri Justice P.R. Bora2 pages

wp7682.14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO. 7682 OF 2014 Kiran w/o Kailash Kasliwal .. PETITIONER

VERSUS

The State of Maharashtra & others .. RESPONDENTS Mr. V.I. Thole, advocate for petitioner.

Mr. S.G. Nandedkar, AGP for the State.

Mr. S.K. Chavan, advocate for respondent no. 2. Mr. A.S. Bajaj, advocate for respondent no. 3. ===== CORAM : R.M. BORDE & P. R. BORA, JJ.

DATE : 10th AUGUST, 2015 PER COURT :

1.

Petitioner is claiming her entitlement through respondent no. 2 in respect of the plot in relation to which the agreement is alleged to be entered into between petitioner and respondent no. 2. Plot allotted to respondent no. 2 has been cancelled in the year 2013. Respondent no. 2 was called upon to take instructions in respect of the plot in question, however the concerned respondent has communicated that the activity to be undertaken by the concerned respondent has been stopped and now the said institution is not interested in taking possession of the plot in question. Since the petitioner has claimed entitlement through respondent no. 2, it would be open for the petitioner to proceed against said respondent. In view of availability of alternate efficacious remedy for redressal of the grievance raised by petitioner in the instant petition, writ petition does not deserve consideration. Keeping the option to avail alternate remedy available in law

wp7682.14.doc open for the petitioner, writ petition stands rejected. ( P. R. BORA ) ( R. M. BORDE ) JUDGE JUDGE dyb