Bombay High Court

SUDHIR SUBHASH SONTAKKE AND OTHERSversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The petition is dismissed as the issues have already been decided in earlier writ petitions.

Summary

Sudhir Subhash Sontakke and others filed a civil application challenging clauses 4.1, 4.3, 4.4, 4.5 and 4.7 of a Government resolution dated 7 August 2012. The High Court, after condoning delay, initially restored the petition to its original position but then noted that the same issues had already been decided in a group of writ petitions, including writ petition No. 6549 of 2026. Consequently, the Court held that the petition could not be entertained afresh and disposed of it. The judgment also referred to a pending Supreme Court Special Leave Petition (C) No. 28560 of 2026, which challenges the High Court’s earlier decision. The petitioners were therefore left without relief, and the matter remains subject to the Supreme Court’s forthcoming decision.

Issues considered

Whether clauses 4.1, 4.3, 4.4, 4.5 and 4.7 of the Government resolution dated 07‑08‑2012 are legally valid.
Whether the petition can be entertained given that the same issues were already decided in earlier writ petitions.
Effect of the pending Supreme Court Special Leave Petition (C) No. 28560 of 2026 on the present petition.

Subjects

Government resolution
judicial review
petition dismissed
precedent
pending Supreme Court case
procedural law

Judgment

2026:BHC-AUG:41181-DB

                                                 1                  CA / 9967 / 2026


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                               16 CIVIL APPLICATION NO. 9967 OF 2026
                                           IN WP/721/2015

                             SUDHIR SUBHASH SONTAKKE AND OTHERS
                                            VERSUS
                              THE STATE OF MAHARASHTRA THROUGH
                                   ITS SECRETARY AND OTHERS

                                                    ...
                             Advocate for the applicant : Mr. V.B. Deshmukh
                            AGP for the respondent – State : Mr. P.K. Lakhotiya
                                                    ...

                            CORAM                : KISHORE C. SANT AND
                                                   JITENDRA JAIN, JJ.

                            DATE                 : 4 SEPTEMBER 2026

              PER COURT :

                            Heard the parties.


              2.            For the reasons stated in the application, delay stands

              condoned.      Application is allowed.     The Petition is restored to its

              original position.


              3.            By this petition, the petitioners challenge clauses 4.1, 4.3,

              4.4, 4.5 and 4.7 of the Government resolution dated 07.08.2012. This

              Court has already dealt with this issue while deciding a group of writ

              petition along with writ petition no. 6549 of 2026 vide order dated

              30.07.2026.
                                2                    CA / 9967 / 2026

4.          Considering that, this Court has already taken a view, the

petition stands disposed of.


5.          It is made clear that the parties will be governed by the

judgment delivered by the Supreme Court in Special Leave Petition (C)

No. 28560 of 2026 which is pending before the Apex Court wherein

challenge is raised to the judgment of this Court.




       [ JITENDRA JAIN ]                    [ KISHORE C. SANT ]
            JUDGE                                 JUDGE

arp/

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