921 WRIT PETITION NO. 3732 OF 2022 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 921 WRIT PETITION NO. 3732 OF 2022 Panchashila Manikrao Undare VERSUS Raju Haribhau Bhokare and Others ... • Mr. Suryawanshi Surendra V., Advocate for the Petitioner • Mr. V. M. Chate, AGP for Respondent No. 3 to 6 • Mr. P. M. Gaikwad and Mr. R. M. Gaikwad, Advocate for Respondent Nos. 1 & 2 • Mr. A. S. Janrao, Mr. S. N. Pradhan, Advocate for Respondents ... CORAM : ROHIT W. JOSHI, J. DATE : JUNE 25, 2025 O R D E R : 1. By the impugned order dated 24.07.2020 the learned Mamlatdar has passed an order directing the petitioner to remove an obstruction over road passing through land bearing Gut No. 498, 453 and 451 of Village Parda, Tq. & Dist. Hingoli. Revision application preferred by the petitioner also came to be dismissed on 08.02.2022. 2. In the meantime, the petitioner had also filed a suit being Regular Civil Suit No. 119 of 2020 seeking a decree for perpetual injunction against use of road through his field. The said suit is dismissed for want of prosecution on 05.02.2024. The suit is not yet restored to file. 3. Since the order impugned is passed by a Mamlatdar in a proceeding of summary nature while a substantive civil suit between the komal kamble page 1 of 2 2025:BHC-AUG:16336 921 WRIT PETITION NO. 3732 OF 2022 parties was pending, which is now dismissed, this Court does not deem it appropriate to show any indulgence in the matter. 4. The writ petition deserves to be dismissed on the ground that the petitioner cannot avail of two remedies for the same relief. 5. The writ petition is disposed of with liberty to the petitioner to apply for restoration of Civil Suit and seek appropriate orders therein. [ROHIT W. JOSHI] JUDGE komal kamble page 2 of 2