Single judge Writ Petition wherein the Court upheld the preliminary objection regarding the availability of an alternate efficacious remedy and disposed of the petition with no order as to costs.
Writ petition dismissed with no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.
WRIT PETITION NO.621 OF 2014
Sandip Ramkrishna Nandapure
-vs-
State of Maharashtra and others
-----------------------------------------------------------------------------------------------------------------------------------Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders.
Mr.A.M.Jaltare, counsel for the petitioner. Ms T.Khan, AGP for the respondent Nos.1 to 3. Mr.A.P.Tathod, counsel for the respondent Nos.5 and 6 to 11.
CORAM : SMT. VASANTI A. NAIK & P. R. BORA, JJ.
DATE : 26.09.2014.
Heard.
The learned counsel for the respondents raise a preliminary objection to the tenability of the writ petition on the ground that the petitioner has an alternate efficacious remedy of filing an appeal before the State Government under Section 52(B) of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963. It is stated that without availing the alternate efficacious remedy, the petitioner has approached this Court.
We uphold the preliminary objection raised on behalf of the respondents and decline to entertain the writ petition.
The writ petition is disposed of with no order as
to costs.
The points raised in the petition are kept open.
JUDGE JUDGE
KHUNTE
1 issue framed by the court
Whether the High Court should entertain the writ petition when an alternate efficacious remedy (appeal under Section 52(B) of the Maharashtra Agricultural Produce Marketing Act, 1963) is available.
Sandip Ramkrishna Nandapure
State of Maharashtra
Vasanti A. Naik
P. R. Bora
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
