Bombay High CourtWP/1733/2020disposed off as a withdrawn

Prakash S/O Vallabhdas Mundhada And Others v. Yusuf S/O Manwar Deshmukh And Others

2022-09-14Hon'Ble Shri Justice Manish Pitale2 pages

1 910-wp-1733-2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 1733 OF 2020 Prakash s/o Vallabhdas Mundhada & others -- Petitioners Vs.

Yusuf s/o Manwar Deshmukh and others -- Respondents - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. C.A. Joshi, Advocate for Petitioners Ms. Naina Dhoke, Advocate h/f Mr. M.V. Rai, Advocate for Respondent No.1 Ms. M.A. Barabde, AGP for Respondent Nos.2 and 3 CORAM : MANISH PITALE, J.

DATE : 14th SEPTEMBER, 2022 When this petition is called out for hearing, Ms. Barabde, learned Assistant Government Pleader has relied upon orders of this Court passed in Writ Petition No.2538/2017 (Ajit Singh Vs. Saradar Sukhbir Singh & Ors.) and Writ Petition No.865/2018 (Janakrao Ramraoji Tekade Vs. Registrar of Money Lenders and others) dated 02/12/2019 and 13/04/2022 respectively. It is submitted that in both these orders, this Court has held that in order to challenge the orders of the nature that have been challenged in this petition, remedy of filing a revision application before the Registrar General under Section 9 of the Maharashtra Money Lending MP Deshpande

2 910-wp-1733-2020 (Regulation) Act, 2014, is available and that, therefore, the petitioners ought to avail of the remedy.

In view of the above, Mr. Joshi, learned counsel appearing for the petitioners seeks permission to withdraw the present writ petition with liberty to file revision application before the Registrar General under Section 9 of the aforesaid Act in order to challenge the impugned order. 3.

In view of the above, the writ petition is disposed of as withdrawn with liberty as aforesaid.

The Competent Authority considering the revision application under Section 9 of the said Act shall take into account pendency of the present writ petition before this Court while entertaining the revision application, if the same is filed within six weeks from today.

JUDGE P DESHPANDE 18:05 MP Deshpande