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Bombay High CourtWP/4649/2014dispossed offdismiss for default

Rahul S/O Ashokrao Bhojane v. The Collector, Yavatmal And 2 Others

2016-07-18Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Mrs. Justice Swapna Joshi3 pages

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 4649/2014 (Rahul s/o Ashokrao Bhojane vs. The Collector, Yavatmal and others ) .............................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders .............................................................................................................................................. Mr. P.R.Agrawal, Advocate for the petitioner Ms. Kalyani Deshpande, Assistant Government Pleader for Respondent No.1 CORAM : SMT. VASANTI A.NAIK & MRS.SWAPNA JOSHI, JJ.

DATED : 18th July, 2016 Heard.

Mrs.Kalyani Deshpande, learned Assistant Government Pleader appearing on behalf of the respondent no.1, raises a preliminary objection to the tenability of the Writ Petition. It is stated that the petitioner has not availed the alternate remedy of approaching the Maharashtra Administrative Tribunal, when certain others that are aggrieved by the selection made in pursuance of the advertisement, have filed the Original Application before the Tribunal.

By upholding the preliminary objection raised on behalf of the respondent, we decline to entertain the Writ Petition. The Writ Petition is disposed of, with no order as to costs. However,

since we had granted interim relief in favour of the petitioner on 28.8.2014, as a prima facie case was made out, we continue the interim relief for a a period of one month.

Order accordingly. No costs.

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C E R T I F I C A T E "

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