Petitioner sought execution of a Collector's order directing fee payment. The Bench held the petition constituted gross abuse of writ jurisdiction as multiple remedies were available. Petition dismissed.
Petition dismissed keeping all questions open.
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08wp2568.21.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 2568 OF 2021
(Vishal Mahadeorao Khedkar Vs. Divisional Commissioner-cum-Regional Director of
Municipal Administration, Amravati and ors.)
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Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
Shri A.S. Dhore, Advocate for the petitioner.
Shri A.A. Madiwale, A.G.P. for respondent Nos.1 & 2/State.
CORAM:SUNIL B.SHUKRE &
ANIL S.KILOR, JJ..
DATED:AUGUST 21, 2021
Heard.
2.The order passed by the Collector, Amravati
dated 16/01/2018 has attained finality in the matter. It
directs respondent No.2 to pay the fees of the petitioner
who had prepared the project report.
3.Now, respondent No.3 is not obeying the
order of the Collector. The petitioner has, therefore,
approached the High Court invoking its writ jurisdiction
under Article 226 of the Constitution of India praying for
execution of the order passed by the Collector.
4.The effort of the petitioner is gross abuse of
the writ jurisdiction of this Court. Instead of taking
recourse to multiple remedies available in law, the
petitioner has invoked the writ jurisdiction of this Court.
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08wp2568.21.odt
The petition is, therefore, not maintainable.
5.Learned counsel for the petitioner volunteers
to deposit an amount of Rs.500/- in the account of High
Court Legal Services Sub-Committee, Nagpur within a
weeks time from the date of the order.
6.In view of above, the petition is dismissed
keeping all questions open.
JUDGE JUDGE
*DB
1 issue framed by the court
Whether a writ petition for execution of a Collector's order is maintainable when the petitioner has ignored available remedies.
1 provisions across 1 enactments
Vishal Mahadeorao Khedkar
Divisional Commissioner-cum-Regional Director of Municipal Administration, Amravati
State of Maharashtra
Respondent No.3
Sunil B. Shukre
Anil S. Kilor
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court