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Bombay High CourtWP/14843/2021disposed off

Balu Alias Balkrushna Rambhau Mitkar v. The State Of Maharashtra And Others

2022-01-05Hon'Ble Shri Justice A.S. Gadkari,Hon'Ble Shri Justice S. G. Mehare2 pages

wp14843.21 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 924 WRIT PETITION NO.14843 OF 2021 BALU ALIAS BALKRUSHNA RAMBHAU MITKAR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS Mr. A.B. Kharosekar, Advocate for petitioner; Mr. P.K. Lakhotiya, A.G.P. for respondents CORAM : A.S. GADKARI AND S. G. MEHARE, JJ.

DATE : 5th January, 2022 P.C.

1.

Record indicates that in furtherance of the order dated 5.7.2021 passed by this Court and in particular paragraph no.4 thereof, the petitioner, instead of filing the reply to the show cause notice has submitted an alleged representation in the inward and outward section on 12.7.2021, i.e. much beyond the period of limitation prescribed by this Court. The Tahsildar, Beed, therefore, was pleased to pass the impugned order dated 16.7.2021 by observing that, the petitioner did not file reply/explanation to the show cause notice and proceeded to pass the impugned order. 2.

Prima facie, we find that the impugned order does not suffer from any error. However, with a view to grant an opportunity to the petitioner to challenge the said order as per the provisions of law, we are granting liberty to the petitioner to adopt appropriate alternate remedy.

wp14843.21 (2) 3.

Petition is accordingly disposed off by granting liberty to the petitioner to avail alternate remedy.

(S. G. MEHARE, J.) (A.S. GADKARI, J.) amj