Babarao Parasram Kandhare And Others 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. 5882 OF 2017 Babarao Parasram Kandhare & others Petitioners

Versus

The State of Maharashtra & others Respondents Mr. P.P. Mandlik, advocate for the petitioners. Mr. S.B. Joshi, A.G.P. for all Respondents.

CORAM : R.M.BORDE & K.L. WADANE, JJ.

DATE : 2nd MAY, 2017 PER COURT:

1.

In view of availability of alternate remedy, instant writ petition needs no interference.

2.

On perusal of the judgment delivered by the Divisional Commissioner, it appears that the power of attorney holder of petitioner has already presented suit bearing RCS no. 858/2012 in the Court of Civil Judge at Nanded. It also appears that there was another suit bearing RCS No. 3/2015 presented to the Court Court.

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Considering the aspect that the petition raises disputed questions of fact, keeping the option to avail of alternate remedy available in law or pursue the remedy already availed of by him, open for the petitioner, writ petition stands disposed of. ( K. L. WADANE ) ( R.M.BORDE ) JUDGE JUDGE dyb