Shri. Baban Alias Anna Bandu Malgave v. The State Of Maharashtra And ORS

Digitally signed by SHAGUFTA QUTBUDDIN PATHAN Date:

2025.07.14 18:43:54 +0530 SHAGUFTA QUTBUDDIN PATHAN 24-WP-1983-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1983 OF 2022 Baban Alias Anna Bandu Malgave ... Petitioner

Versus

The State of Maharashtra & Ors.

... Respondents Mr. Yogesh Deshpande a/w Mr. Makarand Kale i/b Mr. Ghanavat Sukumar Rajaram for the Petitioner Mr. B. V. Samant, Addl. G.P a/w Ms. M. S. Bane, A.G.P for the Respondents-State CORAM : REVATI MOHITE DERE & DR. NEELA GOKHALE, JJ.

FRIDAY, 11 th JULY 2025 P.C :

Learned Addl. G.P raises a preliminary objection. He states that the petitioner has an alternative efficacious remedy. In view of the preliminary objection raised by the learned Addl. G.P. that the petitioner has an alternative efficacious remedy, which fact is not disputed and having regard to the disputed question of fact involved in this petition, we are not SQ Pathan 1/2

24-WP-1983-2022.doc inclined to entertain the petition. The petition is accordingly dismissed. However, the petitioner is at liberty to approach the appropriate forum/court, as may be permissible in law. The petition is accordingly disposed of.

Needless to state, that we have not gone into the merits of the petition and as such, all contentions of all parties on merits are kept open.

DR. NEELA GOKHALE, J. REVATI MOHITE DERE, J. SQ Pathan 2/2