Created by Fuzzy Cloud

Bombay High Court

PRASHANT SHAMRAO SHELAKEversusSTATE OF MAHARASHTRA THR SECRETARY AND 3 ORS

Disposal
Disposed Off

Holding

The writ petition is dismissed as withdrawn, as the petitioner is permitted to pursue the alternative remedy and has elected to withdraw the petition.

Summary

The petitioner, Prashant Shamrao Shelake, challenged the appointment of Respondent No.3 as Sports Inspector, alleging that the appointment document was fabricated and that he lost his chance for the post. The High Court initially held that the writ petition was not maintainable and directed the petitioner to approach the appropriate tribunal. The petitioner’s counsel reiterated the claim of fraud but maintained that the alternative remedy remained the proper avenue, and subsequently sought to withdraw the petition. The Court, considering the counsel’s request, allowed the withdrawal and dismissed the petition as withdrawn without addressing the merits. No substantive examination of the alleged fraud or the appointment process was undertaken.

Issues considered

  • Whether a writ petition challenging a public service appointment is maintainable when an alternative remedial forum exists
  • Whether the petitioner may withdraw the writ petition after the Court’s initial order

Subjects

  • appointment
  • sports inspector
  • writ petition
  • maintainability
  • alternative remedy
  • withdrawal
  • public service
  • fraudulent document

Judgment

                                                                       12. CIVIL WP-1142-2026.odt


Amberkar

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               CIRCUIT BENCH AT KOLHAPUR
                                        CIVIL APPELLATE JURISDICTION


                                 WRIT PETITION NO. 1142 OF 2026

           Prashant Shamrao Shelake                                     .. Petitioner
                      Versus
           State of Maharashtra & Ors.                                  .. Respondents
                                     ....................
            Mr. Rugwed R. Kinkar, Advocate for Petitioner
            Ms. Tejas J. Kapre, AGP for State
                                               ...................
                                            CORAM : MILIND N. JADHAV &
                                                    NANDESH S. DESHPANDE, JJ.
                                            DATE         : JUNE 22, 2026
           P. C.:

           1.       Heard Mr. Kinkar, learned Advocate for Petitioner and Ms. Kapre

           learned AGP for State.


           2.       On 19.06.2026, this Court passed the following order:-

                    "1.     Petitioner is aggrieved with the appointment of Respondent No.3 as
                    Sports Inspector. The Petitioner has lost his chance to be appointed on that
                    post. Being disgruntled, the petition is filed.
                    2.      Writ petition is not maintainable. The alternate efficacious remedy
                    available to the Petitioner is to approach the concerned tribunal or forum
                    and not by way of a writ petition. Mr. Kinkar will take appropriate
                    instructions from the Petitioner and accordingly apprise the Court. If the
                    Petitioner is willing to approach the concerned tribunal or forum, we will
                    permit the Petitioner to do so keeping all his contentions open, without
                    opining anything on the merits of the matter. List on 22nd June 2026 (First
                    on Board), for passing orders."


           3.       Mr. Kinkar would in his usual fair mindedness informs the Court

           that he has taken appropriate instructions but would still submit that

           the document under which Respondent No. 3 has been appointed as

                                                                                           1 of 2
                                                             12. CIVIL WP-1142-2026.odt


           Sports Inspector is a fabricated and fraudulent document. In view of

           our observations in the previous order, we are not inclined to entertain

           the present Petition. The alternate efficacious remedy available to the

           Petitioner is to approach the concerned tribunal or forum and not by

           way of a writ petition. By reserving such liberty to Petitioner, Petition

           is dismissed.


           4.    At this stage, Mr. Kinkar interjects and on instructions seeks

           leave to withdraw the Petition with such liberty. In view of the above

           submissions made by Mr. Kinkar, we are inclined to allow him to

           withdraw the present Petition. Petition stands dismissed as withdrawn.




            [ NANDESH S. DESHPANDE, J. ]               [ MILIND N. JADHAV, J. ]
Amberkar




                                                                                 2 of 2


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.