Writ petition withdrawn after the court held Article 226 relief unavailable given the petitioner's alternate statutory remedy and applicability of Civil Procedure Code provisions, with liberty to seek remedy before the jurisdictional civil court.
Liberty to withdraw and pursue alternate remedy before the jurisdictional Civil Court.
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.
apn 33-aswp-6173-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.6173 OF 2024
Devidas Bama Patil … Petitioner.
V/s.
State of Maharashtra & Ors. … Respondents.
Mr. Prabhakar Pandey for the Petitioner. Adv. Tanu N. Bhatia, AGP, for the Respondent No.5-State.
CORAM : A. S. GADKARI AND KAMAL KHATA, JJ. DATE : 12th December 2024.
P.C.:-
Digitally signed by ASHWINI ASHWINI H H GAJAKOSH GAJAKOSH Date: 2024.12.17 09:29:20 +0530
jurisdiction under Article 226 of Constitution of India as the Petitioner not only has a substantive alternate statutory remedy but the provisions of Civil Procedure Code are equally applicable in the case of Petitioner.
seeks leave to withdraw Petition with liberty to avail alternate remedy before the jurisdictional Civil Court.
(KAMAL KHATA, J.) (A.S. GADKARI, J.)
1/1
1 issue framed by the court
Can the petitioner's prayers be granted under Article 226 despite availability of a substantive alternate statutory remedy?
2 provisions across 2 enactments
Devidas Bama Patil
State of Maharashtra
A. S. Gadkari
Kamal Khata
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
