Amol Dattatray Dhupe v. The State Of Maharashtra Through Secretary And Others

2025:BHC-AUG:19090 47-wp-13090-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 13090 OF 2022 Amol Dattatray Dhupe

VERSUS

The State Of Maharashtra Through Secretary And Others ...

Mr. S. D. Hiwrekar, Advocate for the Petitioner Mr. M. M. Patil (Beedkar), Advocate for Respondent no.4 ...

WITH CIVIL APPLICATION NO. 868 OF 2023 IN WP/13090/2022 .....

CORAM : ROHIT W. JOSHI, J.

DATED : 07TH JULY, 2025 PER COURT :- .

With liberty to the petitioner to amend Regular Civil Suit No.118 of 2020 to challenge the orders impugned in the present petition, the present petition is disposed of as withdrawn in view of alternate remedy of challenging the orders impugned in the present petition before Civil Court. In the event the petitioner chooses to file a fresh Civil Suit rather than amending the plaint in Regular Civil Suit No.118 of 2020, the Civil Court shall decide the same in accordance with law.

2.

Liberty is granted in view of Section 22 of the Mamlatdars' Courts Act, 1906 which lays down that orders

47-wp-13090-2022 passed under the Act shall be subject to orders or decrees to be passed by a Civil Court of competent jurisdiction. Interim order granted vide order dated 21.12.2022 is extended by period of five weeks from today i.e. up to 11.08.2025. 3.

Matter be decided on its own merits without being influenced by any interim order passed by this Court. 4.

Pending Civil Application, stands disposed of. ( ROHIT W. JOSHI, J. ) Rushikesh/2025