Sau. Rima Ravi Vaidya v. The Collector, Bhandara And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION No. 1629/2015.

Sau. Rima Ravi Vaidya -VERSUSThe Collector, Bhandara and others.

Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

CORAM : B.P. DHARMADHIKARI & KUM. INDIRA JAIN, JJ.

DATE : AUGUST 01, 2016.

Heard Shri S.M. Puranik, learned Counsel for the petitioner, Shri S.B. Bissa, learned A.G.P. for respondent nos. 1 and 3, Mrs. M.P. Munshi, learned Counsel for respondent no.2 and Shri S. Borkar, learned Counsel for respondent no.4.

2.

In view of the availability of remedy of appeal, the learned counsel for the petitioner states that liberty may be given to the petitioner to file the same.

3.

Learned Counsel for respondent no.4 states that the petitioner would first be required to approach the competent Authority and after the competent

Authority passes order, such order can be assailed by filing an appeal.

4.

Learned counsel for petitioner states that such complaint was made before the respondent nos. 2 and 3 by the brother-in-law of the petitioner and it has already been verified.

5.

In this situation, we grant the request made by the learned counsel for the petitioner with liberty to file appeal before the appropriate forum, as available under law and keeping all rival contentions open, we dispose of the Writ Petition.

6.

As the Writ Petition has been filed within the prescribed period of limitation for filing of an appeal, the Appellate Authority shall entertain the appeal and decide the same on its own merit. No costs.

JUDGE JUDGE Rgd.

CERTIFICATE is a true and correct copy of original signed judgment/order.

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