IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL WRIT PETITION NO. 461 OF 2009 WRIT PETITION NO. 461 OF 2009 WRIT PETITION NO. 461 OF 2009 Balkrishna Namdeo Katkade ] .. Petitioner Versus 1. State of Maharashtra & 2 ors. ] .. Respondents Mr. Sandeep Shinde for the petitioner. Mr. Vinay Masurkar, GP, for the respondent No.1. Mr. G.S. Hegde i/b M/s. G.S. Hegde & Associates for the respondent No.2. CORAM: S.B. MHASE & D.B. BHOSALE, JJ. DATED: 10TH FEBRUARY, 2009 P.C. : 1. Heard learned counsel. 2. We are not inclined to entertain this Petition because admittedly there is a statutory appellate remedy available to the petitioner. However, we find that since the petitioner was pursuing the present proceedings, the limitation period of filing appeal is over. Nevertheless, we find that the petitioner was bonafidely prosecuting the remedy before this court. : 2 : 2. In the above circumstances, we direct the petitioner to file an appeal before the appellate authority within a period of two weeks from today. The appellate authority is directed not to reject the appeal on the technical ground of limitation. On such appeal being filed, the appellate authority is directed to dispose of the said appeal within a period of three months from the date when the appeal is filed and after giving a hearing to the petitioner, by passing a well reasoned order dealing with each and every point raised by the petitioner as against the department and/or as against any person. We make it clear that apart from the regular challenges, if there are any other challenges on the point of malafides, those points shall also be dealt with by the appellate authority thoroughly. 3. With the above directions, the Writ Petition stands disposed of. Sd/- Sd/- [D.B. [D.B. [D.B. BHOSALE, J.] BHOSALE, J.] BHOSALE, J.] [S.B. [S.B. [S.B. MHASE, J.] MHASE, J.] MHASE, J.]