D.P Jain And Company Infrastructure Throu. Niesh V Pachpor v. State Of Maharashtra Throu. Principal Sec. Revenue And Forest Dept And ORS

30-WP-17370-2024 (C).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 17370 OF 2024 D.P. Jain And Company Infrastructure Through Niesh V. Pachpor

VERSUS

State of Maharashtra Throuh Principal Sec. Revenue And Forest Dept And Ors.

...

Mr. V. A. Shastry for Petitioner.

Mr. Sanjay D. Rayrikar, AGP for the Respondent-State. ...

CORAM : SACHIN S. DESHMUKH, J.

DATE : 12th MARCH, 2026.

P. C. :

1.

Learned AGP has raised preliminary objection as to the maintainability of the present petition in relation to the challenge to the order, which is impugned in the present petition is also the subject matter of an appeal before the Sub-Divisional Officer. 2.

When confronted with the same, the counsel for the Petitioner does not dispute the same. In that view of the aforestated aspect and fact that it is open for Petitioner to prosecute two remedies simultaneously, the present petition is not maintainable and is accordingly dismissed.

Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2026.03.12 20:58:52 +0530 SAJAKALI LIYAKAT JAMADAR Sajakali Jamadar 1 of

30-WP-17370-2024 (C).doc 3.

However, it is made clear that the dismissal of the present petition shall not preclude the petitioner from prosecuting his appeal before the Sub-Divisional Officer. Needless to state that the same may be decided on its own merit.

[SACHIN S. DESHMUKH, J.] Sajakali Jamadar 2 of