Bombay High Court

TUKARAM BHIVA AAGLAVE AND OTHERSversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF
Bench: KISHORE C SANT SUSHIL M GHODESWAR

Holding

The writ petition is dismissed as the matter has already been decided in the earlier order and case.

Summary

The petitioners, Tukaram Bhiva Aaglave and others, filed a writ petition before the Bombay High Court, Aurangabad Bench, challenging a matter that they claimed was already decided in an earlier order dated 13 January 2026 and in the reported case of Deshmukh Dilipkumar Bhagwan & Ors. v. State of Maharashtra (2019). The petitioners' counsel argued that the present petition was rendered moot by the prior judgment and should be dismissed. The Court noted that the petitioners could approach the High Court again if the Supreme Court, in a pending Special Leave Petition, were to reverse the earlier decision. Relying on the earlier order and the cited case, the Court found no need to entertain the present petition. Consequently, the writ petition was disposed of without further hearing.

Issues considered

The petition is maintainable in view of the earlier order dated 13‑01‑2026 and the decision in Deshmukh Dilipkumar Bhagwan & Ors. v. State of Maharashtra.

Subjects

writ petition
precedent
disposal
High Court
Maharashtra

Judgment

2026:BHC-AUG:3878-DB

(1) wp11438.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

13 WRIT PETITION NO. 11438 OF 2016

TUKARAM BHIVA AAGLAVE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS

Mr. Parth Shinde h/f. Mr. G.A. Gadhe, Advocate for the petitioners.
Ms. Saie S. Joshi, AGP for the respondent-State.

CORAM : KISHORE C. SANT &
SUSHIL M. GHODESWAR, JJ.
DATE : 28.01.2026
PC :-

01. Learned Advocate for the petitioner relies upon order passed
by this Court on 13.01.2026. He submits that the issue involved in this
petition is already covered in the judgment in the case of Deshmukh
Dilipkumar Bhagwan and Ors. Vs. State of Maharashtra, 2019 (4)
Bom.C.R. 460. He thus submits that this petition, can be disposed of in
view of the above order.

02. It is open for the petitioners to approach this Court again in
case the position is reversed by the Hon'ble Apex Court, where SLP is
pending against the said reported judgment.

03. This Writ Petition stands disposed off.

[SUSHIL M. GHODESWAR, J.] [KISHORE C. SANT, J.]
snk/2026/Jan26/wp11438.16

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