1 WP / 5471 / 2023 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 1025 WRIT PETITION NO. 5471 OF 2023 SAMARTH SAHAKARI PATSANSTHA THROUGH ITS LIQUIDATOR VERSUS ARJUN YAMAJI GAWALI AND OTHERS ... Advocate for petitioner : Mr. Mohit S. Shah Advocate for the respondent no. 1 : Mr. U.G. Mitkari ... CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 13 JANUARY 2026 PER COURT : Heard learned counsel for the respective parties. 2. By way of present petition, the petitioner assails the order dated 05.04.2021 passed by learned Additional Commissioner, Nashik Division, Nashik in RTS Revision No. 5 of 2020 whereby the Revision filed by the petitioner was dismissed in default. 3. As the matter is dismissed in default, learned counsel for the resopndents vehemently opposed the petition on the ground that there is an alternate and equally efficacious remedy of filing second revision before the State Government. He further objects that the present petition is filed directly before this Court without filing an application for restoration before Additional Commissioner. 2026:BHC-AUG:1474 2 WP / 5471 / 2023 4. Having gone through the submissions advanced by both the sides, as the matter was dismissed in default and same was not decided on merits, I am inclined to entertain the present petition. 5. In view of that, the present petiton is allowed. 6. Order dated 05.04.2022 passed by the learned Additional Commissioner, Nashik Division, Nashik in RTS Revision No. 5 of 2020 is hereby quashed and set aside, subject to payment of costs of Rs.5,000/- (Rs. Five Thousand), to be deposited in this Court within a period of two weeks from today. After depositing, the same shall be transmitted to the Government Cancer Hospital, Chhatrapati Sambhajinagar. [ SIDDHESHWAR S. THOMBRE ] JUDGE arp/