Bombay High Court

KARBHARI NARAYAN SONAWANE, L.RS. SANJAY AND OTHERSversusBABAN MURLIDHAR WAGHMARE AND OTHERS

Disposal: DISPOSED OFF

Holding

The writ petitions are not maintainable and must be disposed of, with the petitioners directed to approach the appropriate alternative authority.

Summary

The petitioners filed two writ petitions (Nos. 10291 and 10960 of 2014) challenging the actions of the respondents. The primary issue raised was the maintainability of the petitions. The Attorney General for the State submitted a copy of a prior judgment (Writ Petition No. 3293 of 2024 dated 14‑07‑2025) which clarified the legal position on maintainability. The petitioners conceded that the earlier judgment applied to their case. Accordingly, the Court disposed of the petitions, granting the petitioners liberty to approach the appropriate alternative authority and directing that any delay in filing be considered for condonation, while leaving all other contentions open.

Issues considered

Whether the writ petitions are maintainable under the applicable law

Subjects

maintainability
writ petition
alternative authority
condonation of delay
disposal of petition

Judgment

2026:BHC-AUG:43386



                                                                 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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