Nandkishor Laxman Kapse v. Madhukar Shivram Mali And ANR

Digitally signed by SHAGUFTA QUTBUDDIN PATHAN Date:

2025.06.27 16:39:26 +0530 SHAGUFTA QUTBUDDIN PATHAN 35-WP-3770-2023 & WP-3750-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3770 OF 2023 Nandkishor Laxman Kapse ... Petitioner

Versus

The Education Officer, First Appellate Authority under RTI, Secondary Education Department & Anr. ... Respondents WITH WRIT PETITION NO.3750 OF 2023 Nandkishor Laxman Kapse ... Petitioner

Versus

Madhukar Shivram Mali & Anr.

... Respondents Mr. Moksh A. Jain i/b Mr. Ravindra Vishnu Sankpal for the Petitioners Mr. M. M. Pabale, A.G.P for the Respondents-State in WP/3770/2023 and for the Respondent No.2-State in WP/3750/2023 Mr. Pratik Balasaheb Rahade for the Respondent No. 1 in WP/3750/2023 CORAM : REVATI MOHITE DERE & DR. NEELA GOKHALE, JJ.

WEDNESDAY, 25 th JUNE 2025 SQ Pathan 1/2

35-WP-3770-2023 & WP-3750-2023.doc P.C :

Learned A.G.P. as well as the learned counsel appearing for respondent No. 1 in Writ Petition No.3750/2023 raise a preliminary objection. They submit that the petitioners have an alternate efficacious remedy under the Right to Information Act, in the event the respective petitioner's application/appeal are not decided within a stipulated time frame. In view of the preliminary objection raised by the learned counsel for respondent No. 1 and the learned A.G.P, the learned counsel for the petitioners seeks leave to withdraw the petitions, with liberty to pursue such remedy as may be available in law before the appropriate forum.

The petitions are accordingly disposed of as withdrawn, with liberty as prayed. Needless to state that, all contentions of all parties on merits are kept open. DR. NEELA GOKHALE, J. REVATI MOHITE DERE, J. SQ Pathan 2/2