1 25.wp7033.10 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7033 OF 2010 Shri Anirudha Seolekar ....Petitioner Vs. Brig. Pradip Kumar Dasgupta & ors. ....Respondents Mr. R.D. Soni, Advocate for Petitioner. Mr. Rajiv Matkar i/b. Mr. Vivek Salunkhe, Advocate for Respondent No. 2. Mr. S.D. Rayrikar, AGP for Respondent Nos. 4 to 6. CORAM:- GIRISH GODBOLE, J DATED:- NOVEMBER 22, 2011. P.C. 1. Being partly aggrieved by the order impugned in the Writ Petition, the Respondent No. 1 has already filed a Revision Application. Apart from the remedy of Revision application, in my opinion, considering the provisions of Section 249 of the MLR Code 1966, the Petitioner has an alternate and efficacious remedy of an appeal before the State, in so far as the Divisional Commissioner has allowed the Revision Application of the Respondent No. 1. Remedy of appeal is a statutory remedy. In view of this, on the ground of existence of alternate remedy, this Writ Petition is 2 25.wp7033.10 not entertained. If the Petitioner files an appeal before the State Government before 4 weeks from today, time spent by the Petitioner in filing and prosecuting this Petition i.e. time from 24/8/2010 till today shall be excluded from computation and the Petitioner will not be required to give any explanation for the period of delay covered by this time. 2. Since the Revision Application filed by the Respondent No. 1 is also pending before the State Government, the Appeal to be filed by the Petitioner and the Revision filed by the Respondent No.1 shall be heard together and preferably decided by a common Judgment. Writ Petition is disposed of with the aforesaid direction with no order as to costs. 3. The interim order which is operating in the present Writ Petition shall continue to operate for a period of 6 weeks to enable the Petitioner to apply for appropriate interim orders before the State Government. 4. Needless to state that even the Respondent No. 1 will have right to apply for such interim order in his revision, as may be permissible in law. (GIRISH GODBOLE, J)