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2025 DAILYLAW 42597 (BOM)

YALGONDA BHIMGONDA BIRAJDAR AND ANR v. DIVISIONAL COMMISSIONER PUNE DIVISION AND ORS

WP/716/2024 · 2025-02-03

Shri Sandeep V Marne

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Megha 43_wp_716_2024.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 716 OF 2024 Yalgonda Bhimgonda Birajdar and Anr. ...Petitioners V/s. Divisional Commissioner, Pune Division, Vidhan Bhavan, Pune and Ors. ...Respondents ______________ Mr. Priyal G. Sarda with Mr. Rajesh Ranglani for the Petitioners. Mr. S.D. Rayrikar, AGP for Respondent -State. Mr. Nikhil Pawar for Respondent No.5. ______________ CORAM : SANDEEP V. MARNE, J. Dated : 3 February 2025. P.C. : 1) It appears that there is an alternate and equally efficacious remedy of filing Appeal before the State Government against order dated 22 August 2023 passed by the Divisional Commissioner, Pune Division, Pune, under Sub Section 3 of Section 39 of the Maharashtra Village Panchayats Act, 1959. In that view of the matter this Court is not inclined to entertain the present Petition. Page No. 1 of 2 3 February 2025 MEGHA SHREEDHAR PARAB Digitally signed by MEGHA SHREEDHAR PARAB Date: 2025.02.05 10:55:31 +0530 Megha 43_wp_716_2024.docx 2) Accordingly, the Petitioners are relegated to exercise alternate remedy under Sub Section 3 of Section 39 of the Village Panchayats Act, 1959. The Appeal, if any preferred by the Petitioners before the State Government shall be decided on its own merits. Time consumed in prosecuting the present Petition shall be considered for condonation of delay while exercising the alternate remedy. 3) With the above directions, the Writ Petition is disposed of. 4) All contentions of the parties on merits are expressly kept open. [SANDEEP V. MARNE, J.] Page No. 2 of 2 3 February 2025