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Bombay High Court

KESHAV KASHINATH NAGRE AND OTHERSversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISPOSED OFF

Holding

The petitions are disposed, directing petitioners to first approach the appropriate authority and, if they do so, the authority must decide within eight weeks.

Summary

The petitioners filed several writ petitions seeking the benefits of the ACPs scheme, alleging that the authorities had not granted them the entitlements. The State, through the Additional Government Pleader, opposed the petitions on the ground that the petitioners had not first made any representation to the concerned authorities and had directly approached the High Court. The Court examined whether the petitioners were required to approach the appropriate authority before seeking judicial relief. It held that the petitioners must first approach the relevant authority and that the court would keep their right to do so open. Consequently, the petitions were disposed of, with a direction that any representation made to the authorities must be decided within eight weeks.

Issues considered

  • Whether petitioners can directly approach the High Court for benefits under the ACPs scheme without first making a representation to the concerned authorities

Subjects

  • ACP scheme
  • writ petition
  • administrative law
  • jurisdiction
  • representation requirement
  • statutory benefits

Judgment

2026:BHC-AUG:44614-DB

                                                  1                 WP / 2884 / 2020 +



                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                                46 WRIT PETITION NO. 2884 OF 2020

                              LIMBAJI RAMA RATHOD AND OTHERS
                                          VERSUS
                           THE STATE OF MAHARASHTRA AND OTHERS

                                               AND
                                49 WRIT PETITION NO. 3022 OF 2021

                             SURESH NARSING HUGGE AND OTHERS
                                          VERSUS
                           THE STATE OF MAHARASHTRA AND OTHERS

                                               AND
                                52 WRIT PETITION NO. 9190 OF 2021

                                  GOKUL WAMANRAO RATHOD
                                          VERSUS
                           THE STATE OF MAHARASHTRA AND OTHERS

                                                  AND

                               55 WRIT PETITION NO. 13427 OF 2021

                            KESHAV KASHINATH NAGRE AND OTHERS
                                          VERSUS
                           THE STATE OF MAHARASHTRA AND OTHERS


                                                    ...
                          Advocate for petitioners : Mr. D.S. Kudle (in all WPs)
                           Addl.GP for the respondent – State : Mr. P.S. Patil
                                                    ...

                          CORAM                : KISHORE C. SANT AND
                                                 JITENDRA JAIN, JJ.

                          DATE                 : 28 SEPTEMBER 2026

              PER COURT :

                          The petitioners are seeking benefits of ACPs scheme,

              however, learned AGP vehemently opposes the Petitions by submitting
                                   2               WP / 2884 / 2020 +


that petitioners have not made any representation/s to the authorities

seeking benefits under the ACPs and have directly approached this

Court.


2.            By keeping the rights of the petitioner/s open to approach

the appropriate authority, the petitions are disposed of.


3.            If any application/s / representation/s is / are made to the

authorities, the authorities to consider in accordance with law within a

period of eight (8) weeks from the date of making such application/s.




         [ JITENDRA JAIN ]                  [ KISHORE C. SANT ]
              JUDGE                               JUDGE

arp/


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