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Bombay High Court

KISHAN LAXMANRAO GHOTKARversusTHE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS

Disposal
DISPOSED OFF

Holding

The petition is allowed and respondents Nos.4‑7 must consider and grant the petitioner’s claim within three months in accordance with the 13 October 2023 order.

Summary

Kishan Laxmanrao Ghotkar filed a writ petition challenging the State of Maharashtra, seeking a claim that had previously been addressed in two earlier orders of this Court (Writ Petition No.1954/2018 and Writ Petition No.12689/2023). The Court examined whether the present petition fell within the scope of those earlier rulings. Relying on the reasoning in the 13 October 2023 order, the Court held that the petition should be allowed. It directed respondents Nos.4 to 7 to consider and grant the petitioner’s claim in accordance with the observations made in the 2023 order. The respondents were given a period of three months from the date a certified copy of the order is produced to make a final decision.

Issues considered

  • Whether the present writ petition is covered by the earlier orders dated 25 January 2019 and 13 October 2023
  • Whether respondents Nos.4‑7 are obligated to consider and grant the petitioner’s claim as per those orders

Subjects

  • writ petition
  • high court
  • Maharashtra
  • direction to respondents
  • claim adjudication
  • procedural compliance

Judgment

2026:BHC-AUG:39710-DB
                                                   1                        23.doc



                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD
                          23 WRIT PETITION NO. 2997 OF 2026

                         KISHAN LAXMANRAO GHOTKAR
                                    VERSUS
                          THE STATE OF MAHARASHTRA
                  THROUGH ITS PRINCIPAL SECRETARY AND OTHERS
                                            …


                   Advocate for the Petitioner : Mr. Digraskar Padmakar D
                        AGP for Respondent/State : Mr. N.S. Tekale
                  Advocate for Respondent No.5 and 6 : Mr.Arora Shyam C.
                    Advocate for Respondent No.7 : Mr. Mene Santosh B.
                                              …
                                          CORAM        : NITIN B. SURYAWANSHI AND
                                                         ABASAHEB D. SHINDE, JJ.
                                            DATE       : 29.08.2026

             PER COURT :
             .        The issue raised in this petition is squarely covered by the order
             dated 25/01/2019 passed by this Court [Coram: S. V. Gangapurwala
             and A. M. Dhavale, JJ.] in Writ Petition No.1954/2018 and other
             connected matters and the order dated 13/10/2023 passed by this
             Court [Coram: Devendra Kumar Upadhyaya, CJ. and Arun R. Pedneker,
             J.] in Writ Petition No.12689/2023.


             2.      For the reasons stated in the said orders, we allow the writ
             petition by directing respondent Nos.4 to 7 to consider and grant the
             claim of petitioner in view of the observations made in the order dated
             13/10/2023. The said consideration shall be made and final decision
             shall be taken in terms of said order within a period of three months
                                   2                         23.doc



from the date of certified copy of this order is produced before him.




( ABASAHEB D. SHINDE, J. )              ( NITIN B. SURYAWANSHI, J. )



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