Dadarao S/O Shankarrao Moon And Others v. The Collector, Wardha And Another

WP5928-16 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 5928/2016 (DADARAO SHANKARRAO MOON & OTHERS VERSUS THE COLLECTOR, WARDHA & ANOTHER) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Anand Parchure, counsel for the petitioners. Shri I.J. Damle, A.G.P. for the R-1.

Shri M.I. Dhatrak, counsel for the R-2.

CORAM : SMT. VASANTI A NAIK AND MRS. SWAPNA JOSHI, JJ.

DATE : DECEMBER 20 , 2016.

Shri Dhatrak, the learned counsel for the respondent no.2 raises a preliminary objection to the tenability of the writ petition. It is stated that the petitioners can as well file a revision against the impugned order under Section 318 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965. It is stated that the petitioners have not availed the alternate efficacious remedy and have directly approached this Court. In view of the preliminary objection, Shri Anand Parchure, the learned counsel for the petitioners, states that the petitioners would avail the alternate remedy under Section 318 of the Act of 1965.

In view of the aforesaid statement, the writ petition stands disposed of with no order as to costs. The points raised in the petition are kept open. JUDGE JUDGE APTE