Bombay High CourtWP/6107/2016dismissedrule discharged

M/S Shyamsingh Devisingh Thakur Construction Company Thr. Authorized Partner-Rahul Shamsingh Thakur v. The Collector And Competent Authority, Nagpur And Others

2016-12-23Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Mrs. Justice Swapna Joshi2 pages

2312wp6107.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.6107/2016 M/s Shyamsingh Devisingh Thakur Construction Company through its authorized Partner - Rahul Shamsingh Thakur ...Versus...

The Collector & Competent Authority, Collector Office, Nagpur and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms Richa Tiwari, Advocate for petitioner Shri N.H. Joshi, AGP for respondent no.1 Shri Gahilot, Adv. h/f Shri A.M. Ghare, Adv. for respondent no.3 Shri S.M. Kashyap, Advocate for respondent no.4 CORAM : SMT. VASANTI A NAIK AND MRS. SWAPNA JOSHI, JJ.

DATE : 23.12.2016 By this petition, the petitioner challenges the order of the Collector, Nagpur, dated 3.10.2016 in an appeal - application filed by the petitioner under Section 308 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965.

The learned Counsel for the respondents raise a preliminary objection to the tenability of the writ petition. It is stated that against the order passed under Section 308 of the Act, the petitioner could have as well filed a revision under the provisions of Section 318 of the Act. It is stated that 75% of the work is almost complete and the cause for filing the writ petition is rendered infructuous.

2312wp6107.16.odt Without considering the other aspect of the matter, we are inclined to uphold the preliminary objection raised on behalf of the respondents in regard to the tenability of the writ petition, in view of the existence of an alternate efficacious remedy. Having availed the remedy under Section 308 of the Act, the petitioner cannot directly file a writ petition by by-passing the remedy under Section 318 of Act.

Hence, we decline to entertain the writ petition and dismiss the same with no order as to costs. The points raised in the petitioner are however kept open.

JUDGE JUDGE Wadkar