Haribhau Kundlik Kale And Others v. Shrihari Ashroba Kale And Others

2024:BHC-AUG:1609 19-WP.871-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 19 WRIT PETITION NO. 871 OF 2024 HARIBHAU KUNDLIK KALE AND OTHERS

VERSUS

SHRIHARI ASHROBA KALE AND OTHERS ...

Advocate for the Petitioner : Mr. Patil Vikram Tanajirao. AGP for Respondents-State : Mrs. M. L. Sangit. ...

CORAM : S. G. MEHARE, J.

DATE :

24.01.2024 PER COURT :- 1.

Heard the learned counsel for the petitioners and learned AGP for the respondents-State.

2.

Learned counsel for the petitioners submits that the notices were not issued to the petitioners and the interim stay order has been passed in their absence. The remedy in such a case is to appear before the Authority which has passed the order of interim stay and make the submissions. However, it is experienced here, that against every orders of similar types, the petitioners directly come to the High Court and file the Writ Petitions.

3.

There is a flood of such types of writ petitions before this Court that wastes the Court's valuable time. The remedy was

19-WP.871-24.odt available to the petitioners to approach before the Authority which has passed the impugned order. This is nothing but an abuse of the process of law.

4.

Hence, writ petition stands dismissed with costs of Rs.5,000/-.

5.

Costs of Rs.5,000/- be deposited with the District Court Bar Association Liabrary, Aurangabad within a week and the receipt be submitted to the Registrar (Judicial) of this Court. (S. G. MEHARE, J.) ...

vmk/-