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Bombay High CourtWP/7035/2019disposed off

Dayanand Jagannath Sanadi And ORS v. The State Of Maharashtra Through Secretary Of Village Development Dept. And ORS

2019-07-09Hon'Ble Shri Justice G.S. Patel,Hon'Ble Shri Justice S.C. Dharmadhikari3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6821 OF 2019 Sachin Pundalik Shinde & Others .... Petitioners Vs.

The State of Maharashtra & Others .... Respondents WITH WRIT PETITION NO.7035 OF 2019 Dayanand Jaganath Sanadi & Others .... Petitioners Vs.

The State of Maharashtra & Others .... Respondents WITH WRIT PETITION NO.7036 OF 2019 Gajanan Vijaykumar Shetake .... Petitioner Vs.

The State of Maharashtra & Others .... Respondents Mr. Rahul S. Kulkarni for the Petitioners in all petitions.

Mr. B.V. Samant, AGP, for Respondent Nos.1 & 2 in all petitions.

Mr. Ramesh D. Rane for Respondent Nos.3 & 4 in all petitions.

CORAM: S.C. DHARMADHIKARI & G.S. PATEL, JJ.

DATE : JULY 09, 2019 P.C:

1.

Having heard Mr. Rahul Kulkarni, Mr. Samant as also Mr. Rane, we are of the opinion that in terms of the affidavit filed by the Kolhapur Zilla Parishad, these writ petitions can be disposed of.

2.

It is stated in the affidavit filed on behalf of the Zilla Parishad that, the petitioners have an alternate and equally efficacious remedy of an Appeal. They can approach the Appellate Authority, namely, the Divisional Commissioner, Pune Division, Pune.

3.

Mr. Kulkarni says that some of the petitioners have filed an Appeal and some would file it within a period of one week from today.

4.

Let both the Appeals be heard by the Divisional

Commissioner, Pune Division, Pune on merits and in accordance with law.

5.

We keep open all the contentions of the petitioners as also the Zilla Parishad.

6.

To enable the Divisional Commissioner to pass appropriate orders after hearing both sides and communicating them, we continue the ad­interim orders passed in these petitions on 18­6­2019 and 25­6­2019 till the Appeals are disposed of.

7.

The Divisional Commissioner shall dispose of the Appeals within four weeks from the date of appearance of all the parties. The writ petitions are disposed of.

(G.S. PATEL, J.) (S.C. DHARMADHIKARI, J.)