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Bombay High CourtWP/5/2019disposed offdismissed for default

Bhagwat Amruti Bodke And Another v. The State Of Maharashtra And Others

2020-02-18Hon'Ble Shri Justice V.K. Jadhav2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 920 WRIT PETITION NO.5 OF 2019 BHAGWAT AMRUTI BODKE AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS .....

Advocate for Petitioners : Mr. C.D. Biradar AGP for Respondents 1 to 5: Mr. K.B. Jadhavar Advocate for Respondent No.6 : Mr. A.P. Gaikwad h/f Mr. B. M. Dhanure .....

CORAM : V. K. JADHAV, J.

DATED : 18th FEBRUARY, 2020 PER COURT:- 1.

Learned A.G.P. has raised preliminary objection that in terms of ratio laid down by the Supreme Court in the case of Gurudassing Nawoosing Panjwani vs. State of Maharashtra and others, reported in 2015 (6) Mh.L.J. 915, there is alternate efficacious remedy available to the petitioners of filing second revision before the State Government. Learned counsel for the petitioners has not disputed the same. However, learned counsel submits that this court has granted interim relief by order dated 7.1.2019 and kept in abeyance the effect and operation of the impugned order and the said interim order remain continued till this date. Learned counsel submits that in view of the same, interim relief may be continued for a period of three weeks so as to enable the petitioners to avail the alternate remedy of filing second revision.

2.

In view of above submissions, writ petition is hereby disposed

wp5.19 -2of with liberty to the petitioners to avail alternate remedy of filing second revision before the State Government in terms of ratio laid down by the Supreme Court in the case of Gurudassing Nawoosing Panjwani vs. State of Maharashtra and others (supra). If such revision is preferred within three weeks from today, the time spent in pursuing this writ petition shall be considered by the said authority before whom alternate remedy is availed for consideration of condonation of delay, if any. 3.

Interim relief granted by this court on 07.01.2019 shall stand continued till availing the alternate remedy. 4.

Writ petition is disposed of.

( V. K. JADHAV, J.) rlj/