Sundarabai Vitthal Patil Through Gpa Nandalal Vitthal Patil v. The State Of Maharashtra And Others

584.18WP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 48 WRIT PETITION NO.584 OF 2019 Sundarabai w/o. Vitthal Patil, Age 84 year, Occu. Agril.

Through her (G.P.A.) Lr.s.

Nandlal s/o. Vitthal Patil Age: 50 years, Occu : Agril.

Both R/o. Kusumbe, Tq.Chopda, Dist. Jalgaon.

[Amended or leave granted by Hon'ble H.C.vide order dated.13.1.2022 in C.A.

5496/2020] .. PETITIONER

VERSUS

The State of Maharashtra & other .. RESPONDENTS ...

Advocate for the petitioners : Mr.P.B.Patil AGP for Respondent-State : Mr.N.T.Bhagat Advocate for Respondent no.5 : Mr.Girish Rane ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 16.01.2023 P.C. :

1] The learned AGP submits that there is alternate remedy available in view of the judgment of the Hon'ble Apex Court in the case of Gurudassing Nawoosing Panjwani Vs. State of Maharashtra reported in 2015 (6) Mh.L.J. 915.

584.18WP 2] In view of the objections raised by the learned AGP, the petitioner seeks leave of this Court to withdraw the present Writ Petition, with liberty to file appropriate proceedings before the appropriate Authority to challenge the impugned order.

3] The petitioner is permitted to withdraw the present Writ Petition with aforesaid liberty. Accordingly, the Writ Petition is disposed of as withdrawn with liberty as prayed.

4] In the event, the petitioner files the proceedings to challenge the impugned order before the appropriate authority, the time spent in prosecuting the present Writ Petition would be excluded under Section 14 of the Limitation Act for computing the period of limitation in filing the appropriate proceedings before the authority. [ARUN R. PEDNEKER] JUDGE DDC