Bombay High Court

ASHOK ANANDA PATIL THROUGH HIS POWER OF ATTORNEY SANDEEP ASHOK PATILversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

The writ court cannot decide factual disputes and therefore disposed of the petition, granting liberty to approach a civil court.

Summary

Ashok Ananda Patil, through his attorney, filed a writ petition before the Bombay High Court challenging actions of the State of Maharashtra. The Court examined the petition and observed that the dispute centered on questions of fact, which are not suitable for adjudication in writ proceedings. The petitioner sought permission to approach a civil court on the same issues. The Court held that factual matters must be decided by a civil court and therefore could not entertain the writ petition on the merits. Consequently, the petition was disposed of, granting the petitioner liberty to approach the competent civil court for appropriate relief.

Issues considered

Whether a writ petition can adjudicate questions of fact
Whether the petitioner is entitled to liberty to approach a civil court for relief

Subjects

writ petition
jurisdiction
factual dispute
civil court
disposal

Judgment

2026:BHC-AUG:15717
                                                 1 of 1                 928-WP.4227.2020




                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                928 WRIT PETITION NO. 4227 OF 2020

                    ASHOK ANANDA PATIL THROUGH HIS POWER OF ATTORNEY
                                       SANDEEP ASHOK PATIL
                                              VERSUS
                            THE STATE OF MAHARASHTRA AND OTHERS
                                                 ...
                Mr. Bhausaheb S. Deshmukh, Advocate for the Petitioner.
                Mr. D. R. Korde, AGP for Respondent-State.
                                                 ...

                                         CORAM :          SIDDHESHWAR S. THOMBRE, J.
                                         DATE     :       27th MARCH 2026
                P.C.:-

                1.        After hearing the learned Advocates for some time and

                considering the issue involved in the matter, it appears that the dispute

                pertains to questions of fact, which cannot be appropriately

                adjudicated in the present proceedings.


                2.        Mr. Deshmukh, learned Advocate for the Petitioner, therefore,

                seeks liberty to approach the Civil Court by raising the same issues.


                3.        In view of the above, the present petition is disposed of with

                liberty to the Petitioner to approach the competent Civil Court for

                appropriate reliefs.

                                                   (SIDDHESHWAR S. THOMBRE, J.)




      Tauseef

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