Bombay High Court

AJAY BHASKAR MURALEversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF
Bench: N B SURYAWANSHI VAISHALI PATIL JADHAV

Holding

The Court allowed the withdrawal of the writ petitions, granting liberty to re‑file if the Supreme Court later decides in favour of the petitioners.

Summary

Several writ petitions were filed by individual petitioners challenging actions of the State of Maharashtra. The petitioners argued that the matter was already decided by a Full Bench of this Court in Deshmukh Dilipkumar Bhagwan Vs. State of Maharashtra (2019) SCC Online Bom 729, a decision that is currently under review by the Supreme Court. No stay order has been granted by the Supreme Court pending that review. The petitioners therefore sought permission to withdraw their writ petitions, requesting liberty to re‑file if the Supreme Court ultimately decides in their favour. The Court noted the pending Supreme Court challenge, confirmed that no stay existed, and granted the petitioners’ request. Consequently, the writ petitions were disposed of as withdrawn, with liberty to approach the Court again if needed.

Issues considered

The effect of a Full Bench decision when it is under challenge before the Supreme Court
Whether a stay of the Full Bench decision is required to maintain pending writ petitions
Whether petitioners may withdraw writ petitions with liberty to re‑file

Subjects

writ petition
withdrawal
Full Bench decision
Supreme Court pending review
stay order
State of Maharashtra
civil service

Judgment

2026:BHC-AUG:12732-DB


                                                       1             4551.2020WP+.odt


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                                  BENCH AT AURANGABAD.


                            901 WRIT PETITION NO. 4551 OF 2020

                                       Ajay Bhaskar Murale
                                            VERSUS
                               The State Of Maharashtra And Others
                                                 ...
              Advocate for the Petitioner : Mr. Vibhute V.M.
              AGP for Respondent/State : Mr. P.K. Lakhotiya
                                                  ...

                                       AND/WITH
                            903 WRIT PETITION NO. 4584 OF 2020

                                   Rameshwar Subhash Kamble
                                            VERSUS
                               The State Of Maharashtra And Others
                                                 ...
              Advocate for the Petitioner : Mr. Vibhute V.M.
              AGP for Respondent/State : Mr. M.K. Goyanka
                                                 …
                                           AND/WITH

                            904 WRIT PETITION NO. 4697 OF 2020
                                    Tukaram Vitthalrao Sasane
                                            VERSUS
                               The State Of Maharashtra And Others
                                                 ...
              Advocate for the Petitioner : Mr. Vibhute V.M.
              AGP for Respondent/State : Mrs.V.S. Choudhari
                                                 ...
                                           AND/WITH

                            905 WRIT PETITION NO. 4701 OF 2020
                                     Varsha Baburao Yelmate
                                            VERSUS
                               The State Of Maharashtra And Others
                                                 ...
              Advocate for the Petitioner : Mr. Vibhute V.M.
              AGP for Respondent/State : Mr. A.V. Lavte
                                                  ...
                                               2                     4551.2020WP+.odt


                               AND/WITH
                    914 WRIT PETITION NO. 5111 OF 2020
                           Savijeta Panditrao Khandare
                                     VERSUS
                       The State Of Maharashtra And Others
                                         ...
      Advocate for the Petitioner : Mr. Vibhute V.M.
      AGP for Respondent/State : Mrs.V.S. Choudhari
                                   ...
                         CORAM : NITIN B. SURYAWANSHI AND
                                    VAISHALI PATIL-JADHAV, JJ.
                          DATED : 24th MARCH, 2026.
      ORDER :

      .           Issue raised in these petitions is covered by the Full Bench
      decision of this Court in the case of Deshmukh Dilipkumar Bhagwan
      Vs. State of Maharashtra and others, [(2019)SCC Online Bom 729].
      2.          Learned Advocate for the petitioners submits that the Full
      Bench decision is challenged before the Apex Court and the same is
      pending for consideration.
      3.          Admittedly, there is no stay granted by the Apex Court to
      the Full Bench decision. Faced with this situation learned Advocate for
      the petitioners seeks permission to withdraw the Writ Petitions with
      liberty to approach again in case the Apex Court decides in favour of
      the employees.
      4.          Permission is granted. Writ Petitions are disposed of as
      withdrawn with liberty as prayed for.



      (VAISHALI PATIL-JADHAV,J.)                   (NITIN B. SURYAWANSHI,J.)


sga

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