The High Court rejected a writ petition seeking furlough, holding that an appeal was the available alternate remedy. The writ was discharged as the petitioner did not exhaust the appeal route.
Rule is discharged. Writ petition dismissed.
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6. cri wp 1417-18.doc
RMA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 1417 OF 2018
Devidas Gangaram Sakpal .. Petitioner
Versus
The State of Maharashtra
.. Respondent
Appearances
Ms. Rohini M. Dandekar Advocate (appointed) for the Petitioner Mr. Arfan Sait APP for the State
CORAM : SMT. V.K. TAHILRAMANI, Acting C.J. &
M.S. SONAK, J.
DATE : APRIL 12, 2018.
ORAL JUDGMENT [PER SMT. V.K. TAHILRAMANI, A.C.J.] :
30.1.2018. Being aggrieved thereby, the petitioner has
preferred the present petition.
jfoanz vkacsjdj 1 of 2
6. cri wp 1417-18.doc
appeal is provided. It is seen that the petitioner has not preferred an appeal and has directly preferred this writ petition. The Constitution Bench of the Supreme Court in
Thansingh Nathmal Vs. The Superintendent of Taxes, Dhubri and others, reported in A.I.R. 1964 SC 1419, has held that "when an alternate remedy is available, a writ petition should not be entertained". In this view of the matter, we are not inclined to interfere and the petitioner is relegated to the remedy available to him of appeal. If any appeal is preferred by the petitioner against the order of rejection, the said appeal to be disposed of as expeditiously as possible and preferably within a period of four weeks from the date of receiving such appeal.
interfere, hence, Rule is discharged.
[ M.S. SONAK, J ] [ ACTING CHIEF JUSTICE ]
jfoanz vkacsjdj 2 of 2
1 issue framed by the court
Whether a writ petition for furlough is maintainable when an alternate statutory remedy of appeal is available.
Colour shows how this judgement treated each authority
Thansingh Nathmal Vs. The Superintendent of Taxes, Dhubri and othersReferred¶23
Thansingh Nathmal Vs. The Superintendent of Taxes, Dhubri and others, A.I.R. 1964 SC 1419 · Who else cites this
Devidas Gangaram Sakpal
The State of Maharashtra
V.K. Tahilramani
M.S. Sonak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
