Vijay Bhimrao Avhale v. The Additional Commissioner, Amravati And Others
2025:BHC-NAG:10256 1 38-WP-4346-2024.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR WRIT PETITION NO.4346 OF 2024 Vijay Bhimrao Avhale Vs. The Additional Commissioner, District Amravati Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. J.S. Gandhi, Advocate for the Petitioner. Mr. A.A. Madiwale, AGP for Respondent Nos.1 to 3. Mr. Anil Mardikar (Sr. Counsel) a/b. Mr. R.A. Mardikar, Advocate for Respondent No.7. CORAM: SIDDHESHWAR S. THOMBRE, J .
DATED : 06 th OCTOBER, 1.
The petitioner is challenging the order passed by the Learned Additional Divisional Commissioner, Amravati in Revenue Application No.107/RTS-59/Mehkar/2022 dated 17.11.2022.
2.
Learned counsel for the respondent No.1/State raised a preliminary objection about the maintainability of the present petition before this Court. He also relied upon the judgment passed by the Hon'ble Apex Court in the matter of Gurudassing Nawoosing Panjwani Vs. The State of Maharashtra and Others reported in 2015(6) MhLJ. 915 decided on 06.11.2015, and contended that against the order passed by the Additional Divisional Commissioner, the petitioner is having an alternate and efficacious remedy to file a revision before the State Government. In view of that, the writ petition is disposed of, as not maintainable. No order as to costs.
2 38-WP-4346-2024.odt 3.
In view of thereof, the writ petition is disposed of, with liberty to the petitioner to file appeal/revision before the State Government.
4.
The petitioner may file revision before the State Government within a period of four weeks. The authority may consider the period lapsed while prosecuting the present writ petition, while considering the application for delay.
5.
Learned Senior Advocate submitted that even the petitioner approached this Court after a period of one and a half year, which also needs to be taken into consideration by the Appellate Court while considering the appeal/revision.
6.
Interim order to continue for a period of four weeks only from today. After completion of four weeks, the interim order shall stand vacated automatically. (S IDDHESHWAR S. THOMBRE J.
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