Bombay High Court

KARBHARI NARAYAN SONAWANE, L.RS. SANJAY AND OTHERSversusNAMDEO VITTHAL WAGHMARE AND OTHERS

Disposal: DISPOSED OFF

Holding

The writ petitions are not maintainable and are disposed of, with liberty to approach an alternative authority.

Summary

The petitioners filed two writ petitions (Nos. 10291/2014 and 10960/2014) challenging the respondents. The Attorney General for the State raised the issue of maintainability and placed on record a prior judgment (Writ Petition No. 3293 of 2024) of the same court. The petitioners accepted the legal position reflected in that earlier judgment. The court, noting the maintainability issue, disposed of the present petitions, granting the petitioners liberty to approach the appropriate alternative authority and to seek condonation of delay for the time spent prosecuting the petitions. All contentions of the parties were left open, and the writ petitions were formally disposed of.

Issues considered

Whether the writ petitions are maintainable

Subjects

maintainability
writ petition
condonation of delay
alternative authority

Judgment

2026:BHC-AUG:43385



                                                                 48 WP No.10291.2014
                                              -1-

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                            WRIT PETITION NO. 10291 OF 2014

                   KARBHARI NARAYAN SONAWANE, L.RS. SANJAY AND OTHERS
                                        VERSUS
                         NAMDEO VITTHAL WAGHMARE AND OTHERS
                                             ***
              Advocate for the Petitioners : Mr. Vishal S. Badakh
              AGP for Respondents-State : Mr. P. P. Dawalkar
              Advocate for Respondents No. 1 and 2 : Mr. Sachin V. Karad h/f
              Mr. H. D. Deshmukh
                                              ***
                                             WITH
                            WRIT PETITION NO. 10960 OF 2014

                   KARBHARI NARAYAN SONAWANE, L.RS. SANJAY AND OTHERS
                                        VERSUS
                         BABAN MURLIDHAR WAGHMARE AND OTHERS
                                             ***
              Advocate for the Petitioners : Mr. Vishal S. Badakh
              AGP for Respondents-State : Mr. P. P. Dawalkar
              Advocate for Respondents No. 1 and 2 : Mr. Sachin V. Karad h/f
              Mr. H. D. Deshmukh
                                              ***

                               CORAM : SACHIN S. DESHMUKH, J.
                                 Date : 23rd September, 2026

              PER COURT :-


              1.          While raising the issue of maintainability, the learned

              AGP has placed on record a copy of the judgment and order dated

              14.07.2025 rendered by Coordinate Bench of this Court in Writ

              Petition No. 3293 of 2024.
                                                       48 WP No.10291.2014
                                   -2-

2.            When confronted with the same, the learned counsel

for the petitioners concedes to the legal position and confirms the

same.



3.            In that view of the matter, this Writ Petition is disposed

of with a liberty to the petitioners to approach the appropriate

alternative authority.



4.            The concerned authority may take into account the

time spent in prosecuting the present petition while considering

application for condonation of delay.



5.            Needless to state, all contentions of the litigating

parties are kept open.



6.            With the aforesaid liberty and directions, the Writ

Petitions stand disposed of.




                                         (SACHIN S. DESHMUKH, J.)

Omkar Joshi

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