Kalpana Tanaji Gaikwad v. The State Of Maharshtra And ORS

2023:BHC-AS:31689

30. WP 11805-2023.doc Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11805 OF 2023 Kalpana Tanaji Gaikwad .Petitioner Vs.

The State of Maharashtra & ors.

.Respondents Mr. Nilesh Wable, Advocate, for the Petitioner Mr. Kalpesh U. Patil, Advocate, for Respondent No. 6 Mr. P. G. Sawant, AGP, for the Respondent - State

CORAM

:

MADHAV J. JAMDAR, J.

DATE :

19.10.2023 P. C.

1.

At the outset, Mr. Patil, learned counsel appearing for Respondent No. 6 raises an objection to the maintainability of the Petition on the ground that there is an alternate remedy under Section 39(3) of the Maharashtra Village Panchayats Act. 2.

By the present Petition fled under Article 227 of the Constitution of India, the Petitioner is challenging the legality and validity of the order dated 22.08.2023 passed by the Divisional Commissioner, Pune Division, Pune under Section 39(1) of the said Act. There is a statutory remedy of fling an Appeal before the State Government as provided under Sub Section 3 of Section 39 of the said Act. Therefore, the Writ

30. WP 11805-2023.doc Petition is dismissed on the ground that there is an alternate remedy.

3.

It is clarifed that this Court has not examined merits of the matter and all the contentions on merits are expressly kept open.

(MADHAV J. JAMDAR, J.) Signed by: A.S.Sudame Designation: PA To Honourable Judge Date: 21/10/2023 16:34:25