Bombay High Court

SHRIPATI TUKARAM SONWANE AND OTHERSversusDATTAPRASAD RATANLAL JAKETIYA AND OTHERS

Disposal: DISPOSED OFF
Bench: SACHIN S DESHMUKH

Holding

The writ petition is disposed of because an alternate remedy is available, while the civil application is allowed as prayed.

Summary

The petitioners, heirs of the deceased Shripati Sonawane, filed a writ petition challenging the actions of the respondents, Dattaprasad Jaketiya and others. The court noted that a civil application (No. 7668/2026) filed by the petitioners had been allowed in terms of prayer clause (B), directing that the required amendment be made immediately. Since an alternate remedy was available through the civil application, the court disposed of the writ petition, stating that this would not bar the petitioners from approaching the revisional authority. The court also directed the concerned authority to consider the time spent in prosecuting the petition. Consequently, the writ petition was dismissed while the civil application was granted.

Issues considered

The existence of an alternate remedy (the civil application) precludes the continuation of the writ petition.

Subjects

writ petition
civil application
alternate remedy
revisional authority
amendment
disposal

Judgment

2026:BHC-AUG:32793



                        IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                  BENCH AT AURANGABAD

                           WRIT PETITION NO.3311 OF 2013 WITH
                            CIVIL APPLICATION NO.7668 OF 2026


            Shripati s/o Tukaram Sonawane,
            Died through L.Rs.
            Maroti s/o Shripati Sonawane & ors.              … PETITIONERS
                     VERSUS
            Dattaprasad s/o Ratanlal Jaketiya & ors.         … RESPONDENTS
                                             .......
            Mrs. M.A. Kulkarni, Advocate for petitioners
            Mr. V.M. Jawre, A.G.P. for State
            Mr. T.G. Gaikwad, Advocate for R.No.3 to 6
                                            ....…
                                     CORAM : SACHIN S. DESHMUKH, J.
                                     DATE     : 31st JULY, 2026

            PER COURT :

                     Civil Application No.7668/2026 is allowed in terms of prayer
            clause (B). Amendment to be carried out forthwith.

            2.       In view of availability of alternate remedy, this petition is
            disposed of. However, this will not preclude the petitioner from
            approaching the revisional authority. The concerned authority shall
            take into consideration the time spent in prosecuting this petition.
            With the aforesaid liberty, the writ petition is disposed of.



                                                 (SACHIN S. DESHMUKH, J.)

            fmp/-

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