Ramchandra Motiram Gurav v. Vithoba Gangaram Kuchme And Others
2026:BHC-AUG:4671 Dilwale 1 907-WP-6560-17.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 907 CIVIL APPLICATION NO. 862 OF 2026 IN WRIT PETITION NO.6560 OF 2017 Ramchandra Motiram Gurav
VERSUS
Vithoba Gangaram Kuchme And Others WITH CIVIL APPLICATION NO.16966 OF 2022 ...
Advocate for Applicant : Mr. Patil B.N.
AGP for Respondents: Mr. A. D. Wange ...
CORAM
: SIDDHESHWAR S. THOMBRE, J.
DATE :
21.01.2026 PER COURT :
1.
Heard the learned counsel for the respective parties. 2.
By this petition, the petitioner is assailing the order dated 17.10.2014 passed by the Additional Commissioner, Aurangabad in file No. 654 of 2013.
3.
The counsel for the petitioner submits that this Court issued Rule in the matter on 29th August 2018 and once this Court has issued Rule and admitted the matter then this Court is supposed to decide the matter on its own merits.
4.
Per contra, learned AGP for the State submits that as the petitioner is having alternate and efficacious remedy to challenge the order passed by the Divisional Commissioner by filing Second Revision before the State Government. In support of his contention he relied upon the law laid down by the Hon'ble Apex Court in the matter Gurudassing Nawoosing Panjwani v. The State of Maharashtra & Ors. 2015 AIR SCW 6277. 5.
Having heard learned counsel for the respective parties, though
Dilwale 2 907-WP-6560-17.odt Rule has been issued, I am not inclined to entertain the present writ petition on the ground that the petitioner is having an alternate remedy by filing Second Revision before the State Government. 6.
In view thereof, the writ petition is disposed of. 7.
The petitioner is at liberty to file Second Revision before the State Government within a period of six month from today. 8.
If the petitioner files the Revision within a period of six weeks from today, the delay caused in prosecuting the present petition shall be considered by the State Government while deciding an application for condonation of delay.
9.
The State Government is directed to decide the Revision within a period of six months thereafter.
10.
Rule is discharged.
11.
Civil Application/s, if any, is/are also disposed of. [ SIDDHESHWAR S. THOMBRE ] JUDGE