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Bombay High CourtMCA/313/2018admittedallwdgrantedrule absolute

Dr. Maroti Ruplal Meghawat v. State Of Maharashtra, Through Its Secretary, Department Of Social Justice, Mumbai And 4 Others

2018-03-20Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

Order 2003mca313.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

M.C.A.NO. 313 /2018 IN W.P.NO. 861/2018.

Dr. Maroti Ruplal Meghawat.

-VERSUSState of Maharashtra 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 AND A.D. UPADHYE, JJ.

DATE : MARCH 20, 2018.

Heard Shri R.S. Kurekar, learned Counsel for the applicant and Ms. A.R. Kulkarni, learned A.G.P. for non-applicant nos. 1,2 and 4.

2.

Learned counsel for applicant submits that remedy of filing appeal against the impugned communication dated 09.10.2017 is available, and has not been exhausted.

3.

Learned A.G.P. submits that there may be some time limit for preferring such an appeal. 4.

We have dismissed Writ Petition in default.

As remedy of appeal is available, applicant can attempt

Order 2003mca313.18 to take recourse to it, as per law. Hence, with liberty to applicant to invoke the appellate jurisdiction as per law and keeping all rival contentions open, we allow Misc. Civil Application. Accordingly, order dated 24.02.2018, is recalled and Writ Petition is restored back to file.

5.

Misc. Civil Application is allowed and disposed of. No costs.

.............

Writ Petition No. 861/2018.

Heard learned counsel for the parties.

2.

With liberty to petitioner to take recourse to the appellate jurisdiction and keeping all rival contentions of respondents about the same open, we dispose of the present Writ Petition. No costs. JUDGE JUDGE Rgd.