Shalik S/O Vitthal Bhishekar And Others v. The Additional Commissioner, Nagpur Division, Nagpur And Others
2025:BHC-NAG:11977 1 11-wp 361.2019.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR WRIT PETITION NO. 361 OF 2019 ( Shalik S/o Vitthal Bhishekar and others vs. The Additional Commissioner, Nagpur and others ) Office Notes, Office Memorandum of Coram, appearances, Court's orders or the directions, Court's or Judge's order and Registrar's orders.
Mr. P.V.Thakre, Advocate for applicants/petitioners. Mr. A.G.Mate, AGP for respondent Nos.1 to 4.
Mr. P.A.Jibhkate, Advocate for respondent Nos.6 to 8. CORAM : SIDDHESHWAR S. THOMBRE, J.
NOVEMBER 13, 2025 CIVIL APPLICATION (W) NO.3251 OF 2023 1) Heard learned counsel for the respective parties. 2) By this application, the applicants seek condonation of delay caused in filing the application to bring legal heirs of respondent No.5 on record by setting aside abatement. 3) Considering the averments made in the application, the same is allowed. The delay is hereby condoned. 4) Accordingly, Civil Application is disposed of. CIVIL APPLICATION (W) NO.3249 OF 2023 1) By this application the applicants seek to bring legal heirs of respondent No.5 on record.
2) Considering the averments made in the application, the same is allowed. The amendment to be carried out forthwith.
3) Accordingly, Civil Application is disposed of.
2 11-wp 361.2019.odt WRIT PETITION NO.361 OF 2019 1) The petitioners challenge the order dated 14/08/2018 passed by the Additional Commissioner, Nagpur Division, Nagpur.
2) Learned Assistant Government Pleader raised preliminary objection about the maintainability of the petition on the ground that the petitioner is having alternate and equally efficacious remedy to file a revision before the State Government. In support of his contention, he relied upon the law laid down by the Hon'ble Apex Court in the case of Gurudassing Nawoosing Panjwani vs. State of Maharashtra & others, reported in 2015 (6) MH.L.J. 915.
3) In view of the law laid down by the Hon'ble Apex Court in the aforesaid judgment, the present petition is not maintainable. Accordingly, the petition is dismissed. 4) The petitioner is at liberty to avail alternate remedy by filing revision before the State Government, within a period of four weeks from today. The delay while pursuing the present writ petition shall be taken into consideration by the State Government while considering the application for condonation of delay.
(SIDDHESHWAR S. THOMBRE, J.)
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