Bombay High Court
PRAKASH PATIL AND ORSversusSTATE OF MAHARASHTRA THR PRIN. SEC HOME DEPT. AND ORS
- Decided
- Disposal
- Disposed off as Withdrawn
Holding
The Court held that the writ petition cannot be entertained for alleged fraud after a considerable lapse of time and that no liberty can be granted to file a fresh writ petition on the same cause.
Summary
The petitioners sought to challenge Gram Sabha resolutions passed in 2023, alleging that their signatures were fraudulently used and that their rights were affected. They requested a declaration that the resolutions were invalid and, after an adjournment, asked to withdraw the petition and file a fresh one on the same cause. The Court observed that the allegations of fraud and fabrication were raised after a considerable lapse of time and therefore could not be entertained within writ jurisdiction. Consequently, the Court held that even if the petition were withdrawn, the petitioners could not be granted liberty to file a fresh writ petition on the same issue. The petition was dismissed as withdrawn, with the Court directing the petitioners to pursue their grievance through appropriate legal proceedings.
Issues considered
- Whether a writ petition can be entertained for alleged fraud in Gram Sabha resolutions passed in 2023.
- Whether the petitioners may be permitted to file a fresh writ petition on the same cause after withdrawing the present petition.
Subjects
- Gram Sabha
- writ jurisdiction
- fraud
- fabrication
- withdrawal
- fresh petition
- Civil Appellate Jurisdiction
- Maharashtra
Judgment
11-WP-10478-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 10478 OF 2026
Prakash Patil and others ...Petitioners
Versus
State of Maharashtra and others ...Respondents
SWEETY
RAJU
BHALERAO ******
Digitally signed
by SWEETY
RAJU
BHALERAO
Mr. Nitin Kaskar, i/b Ms. Priya Patil for Petitioners.
Date:
2026.09.03
14:44:21 +0530
Mr. B. V. Samant, Addl. G.P., a/w Ms. Tanu N. Bhatia, AGP for
Respondents/State.
******
CORAM : MANISH PITALE &
SHREERAM V. SHIRSAT, JJ.
DATE : 02nd SEPTEMBER 2026.
PC:
1. On 19/08/2026, this Court had passed the following order:
“1. An adjournment is sought on the ground of personal
difficulty of the learned counsel for the Petitioner.
2. Although we are inclined to adjourn the hearing of this
petition for the said ground, a perusal of the writ petition shows that
the Petitioners appear to be challenging Gram Sabha Resolutions of
the year 2023, prima facie, without any cogent reason.
3. List under the same category of fresh matters on 2 nd
September 2026.”
2. Today when the petition is called out for hearing, the learned counsel
for the Petitioners, on instructions, seeks permission to withdraw this
petition and further seeks liberty to file a fresh petition on the same cause of
Bhalerao 1
11-WP-10478-2026.doc
action.
3. We have perused the present writ petition and as noted in our order
dated 19/08/2026, we do not find any cogent ground made out in this
petition to even consider the prayers made in the petition. The prayers
pertain to declarations in respect of resolutions of Gram Sabha passed in the
year 2023. The Petitioners claim that although their rights were allegedly
affected by such Gram Sabha Resolutions, they were not present when such
Resolutions were passed and their signatures were allegedly fraudulently
shown in the Gram Sabha proceedings.
4. We are of the opinion that since the allegations made by the
Petitioners pertain to the question of fraud and fabrication, which are raised
after considerable period of time, such a grievance cannot be entertained in
writ jurisdiction. Therefore, even if the Petitioners intend to withdraw this
writ petition, there is no question of granting liberty to file a fresh writ
petition on the same cause of action.
5. In view of the above, the writ petition is dismissed as withdrawn.
However, the Petitioners may agitate their grievance with regard to alleged
fraud and fabrication by instituting proceedings strictly in accordance with
law.
(SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.)
Bhalerao 2
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