Bombay High Court

LIMBAJI RAMA RATHOD AND OTHERSversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court disposed of the writ petitions, directing the petitioners to first approach the appropriate authority and, if an application is made, the authority must decide within eight weeks.

Summary

The petitioners filed several writ petitions seeking to obtain benefits under the ACPs scheme, approaching the High Court directly without first making any representation to the designated authorities. The State, through the Additional Government Pleader, argued that the petitioners had not complied with the statutory requirement to first apply to the authorities. The Court examined whether the petitioners were obliged to exhaust administrative remedies before seeking judicial relief. It held that the petitioners must first approach the appropriate authority, and only after such representation can the court consider any relief. Consequently, the petitions were disposed, with a direction that any application made to the authority must be decided within eight weeks. The judgment underscores the procedural prerequisite of exhausting administrative remedies before invoking the court’s jurisdiction.

Issues considered

Whether the petitioners are required to make a representation to the authorities before approaching the court for benefits under the ACPs scheme
Whether the High Court can entertain writ petitions seeking benefits of the ACPs scheme without the petitioners first approaching the appropriate authority

Subjects

ACP scheme
writ petition
administrative remedy
jurisdiction
representation requirement
high court
Maharashtra

Judgment

2026:BHC-AUG:44611-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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