Bombay High Court
SHASHIKALA KASHINATH RATHOD AND OTHERSversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The Court held that, following its earlier decision in Writ Petition No.9389 of 2022, the State must compensate the petitioners for the violation.
Summary
The petitioners, Shashikala Kashinath Rathod and others, filed a writ petition against the State of Maharashtra alleging a violation of their rights that warranted monetary compensation. The petition raised the issue of whether the State was liable to pay compensation for the alleged breach. The Court noted that the matter was already decided in Writ Petition No.9389 of 2022, a precedent to which Justice Nitin B. Suryawanshi had previously contributed. Relying on the reasoning in that earlier order, the Court found the State responsible for the harm suffered by the petitioners. Consequently, the Court allowed the writ petition and directed the State to pay Rs.50,00,000 to the petitioners within twelve weeks, allowing any prior payments to be set off.
Issues considered
- Whether the State of Maharashtra is liable to pay compensation to the petitioners for the alleged violation of their rights
Subjects
- compensation
- writ petition
- state liability
- human rights
- civil remedy
Judgment
2026:BHC-AUG:43000-DB
*1* 910-wp-10133-2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.10133 OF 2026
SHASHIKALA KASHINATH RATHOD AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY
AND OTHERS
…
Mr. Dhore Akshay Raosaheb, Advocate for the petitioner
Mr. B. B. Bhise, AGP for Respondent/State
Mr. D. S. Bagul, Advocate for Respondent Nos.2 and 4
...
CORAM : NITIN B. SURYAWANSHI &
ABASAHEB D. SHINDE, JJ.
DATE : 16th SEPTEMBER 2026
P. C. :-
1. Issue raised in this petition is squarely covered by the
decision of this Court in Writ Petition No.9389 of 2022, to which
one of us (Justice Nitin B. Suryawanshi) was a member.
2. For the reasons stated in the said order, Writ Petition is
allowed.
3. The Respondents are directed to pay compensation of
Rs.50,00,000/- (Rupees Fifty Lakh) to the petitioners within a
period of twelve (12) weeks from the date of receipt of copy of
this order. If any compensation is paid to the petitioner in the
past, the same may be appropriated while paying the
compensation.
(ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.)
Narwade
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