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Bombay High Court

OMPRAKASH LAKHANLAL SABLEversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISPOSED OFF

Holding

The Court held that the challenged clauses of the Government Resolution are valid and therefore dismissed the petition.

Summary

The petitioner challenged clauses 4.1, 4.3, 4.4, 4.5 and 4.7 of a Government Resolution dated 07.08.2012, alleging they were invalid. The High Court noted that the same resolution had already been examined in a group of writ petitions, including Writ Petition No. 6549 of 2026, where the clauses were held to be valid. Relying on that precedent, the Court found the present petition to be covered by the earlier judgment. Consequently, the petition was dismissed without any order as to costs. The Court also ordered that the interim relief previously granted continue for a further six weeks from the date of the order.

Issues considered

  • Whether clauses 4.1, 4.3, 4.4, 4.5 and 4.7 of the Government Resolution dated 07.08.2012 are invalid or ultra vires.
  • Whether the interim relief in the present petition should be extended for six weeks.

Subjects

  • government resolution
  • writ petition
  • interim relief
  • validity
  • dismissal

Judgment

2026:BHC-AUG:37141-DB




                                                 (1)                    wp10395.17


                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               BENCH AT AURANGABAD

                            935 WRIT PETITION NO. 10395 OF 2017

                                 OMPRAKASH LAKHANLAL SABLE
                                           VERSUS
                            THE STATE OF MAHARASHTRA AND OTHERS

           Mr. Mahesh P. Kale, Advocate for the petitioner.
           Mr. R.S. Wani, AGP for the respondent-State.

                                            CORAM : KISHORE C. SANT &
                                                    JITENDRA JAIN, JJ.
                                            DATE  : 18.08.2026

           PC :-

           01.            In the present petition, challenge has been raised to certain

           causes of the Government Resolution dated 07.08.2012, viz. Clauses 4.1,

           4.3, 4.4, 4.5 and 4.7.        This Court has already dealt with the said

           Government Resolution in a group of writ petitions, including Writ Petition

           No. 6549 of 2026 dated 30.07.2026. This Court has held these clauses

           to be valid and has refused to interfere with the Government Resolution.

           It is seen that the present petition is squarely covered by the said

           judgment.



           02.            Considering above, this petition stands dismissed. No order

           as to costs.
                                        (2)                    wp10395.17


03.                Since, in the aforesaid group of petitions, this Court had

directed the interim relief to continue for a period of six weeks, interim

arrangement in the present petition shall also continue for a period of six

weeks from today.




         [JITENDRA JAIN, J.]                  [KISHORE C. SANT, J.]


snk/2026/Aug26/wp10395.17


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