Bombay High Court
RAJENDRA RATNAKAR WAGHMAREversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The writ petitions are dismissed as they involve disputed facts, and the petitioners are directed to avail the alternate remedy.
Summary
The High Court of Bombay, Aurangabad Bench, considered two writ petitions filed by Alka Rajendra Waghmare et al. and Rajendra Ratnakar Waghmare against the State of Maharashtra. Both petitions involved factual disputes that the Court deemed unsuitable for adjudication through writ jurisdiction. The Court held that because the matters required factual determination, it would not entertain the writ petitions. Instead, the petitioners were granted liberty to pursue the appropriate alternative remedy. Consequently, the writ petitions were disposed of without any substantive order on the merits.
Issues considered
- Can writ petitions be entertained when the matters involve disputed facts?
- Is the petitioner required to seek an alternative remedy in cases of factual disputes?
Subjects
- writ petition
- facts in dispute
- alternative remedy
- high court
- jurisdiction
Judgment
2026:BHC-AUG:37785-DB
{1} 13-wp-10295-2026
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
13 WRIT PETITION NO. 10295 OF 2026
Alka Rajendra Waghmare And Others
VERSUS
The State Of Maharashtra Through Its Additional Chief Secretary And
Others
...
Mr. Prateek Talwar, Advocate for the Petitioners
Mr. N.S. Tekale, AGP for State
Mr. S.B. Pulkundwar, Advocate for Respondents No. 3 and 4
18 WRIT PETITION NO. 10345 OF 2026
Rajendra Ratnakar Waghmare
VERSUS
The State Of Maharashtra Through Its Secretary And Others
...
Mr. Prateek Talwar, Advocate for the Petitioners
Mr. N.D. Batule, AGP for State
Mr. S.B. Pulkundwar, Advocate for Respondents No. 3 and 4
.......
CORAM : NITIN B. SURYAWANSHI AND
ABASAHEB D. SHINDE, JJ.
DATE : 19th AUGUST, 2026
PER COURT :
1. Since both these petitions raise several disputed questions of
facts, we are not inclined to entertain the writ petitions.
2. Writ Petitions are therefore disposed of by granting liberty to the
Petitioners to avail the alternate remedy.
(ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.)
Bhagyawant Punde
Checking your session…