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Bombay High Court

VITTHAL KISAN GAIKWADversusTHE STATE OF MAHARASHTRA THRO. THE SECRETARY

Decided
Disposal
Disposed Off

Holding

The petition was disposed of as withdrawn on instructions, with no adjudication on merits.

Summary

The petitioners filed a writ petition before the Bombay High Court. They had joined duties between 1993 and 2000 and had been working in plain areas. The Zilla Parishad produced a ready reference chart marked 'X' showing their service details. On comparing it with the chart at page 82, the Court observed that the petitioners had filtered information. The respondents relied on an order dated 17/04/2026 in Writ Petition No.3693 of 2026 (Santosh Manik Shinde & Anr. vs. State of Maharashtra & Anr.), where a petition on identical facts was disposed of without relief. Petitioners No.3 and 4, present in Court, instructed their advocate to withdraw the petition on behalf of all petitioners. The Court accordingly disposed of the petition as withdrawn on instructions, without adjudicating merits.

Issues considered

  • Whether the writ petition should be disposed of as withdrawn on the instructions of the petitioners.

Subjects

  • service law
  • writ petition
  • withdrawal
  • Zilla Parishad
  • plain area
  • identical facts

Judgment

                                                                          904-WP-4594-2026.odt



                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                        CIVIL APPELLATE JURISDICTION
   SONALI
   MILIND                               WRIT PETITION NO. 4594 OF 2026
   PATIL
Digitally signed by   Vitthal Kisan Gaikwad & Ors.                      ….Petitioners
SONALI MILIND PATIL
Date: 2026.05.04
18:59:59 +0530                 Versus
                      The State of Maharashtra & Ors.                   ….Respondents



                      Mr. Suresh Pakale, Senior Advocate a/w. Mr. Nilesh Desai i/b. Ms.
                      Padmaja Malgaonkar, for the Petitioners.
                      Mr. P. P. Kakade, Addl. GP a/w. Mr. V. G. Badgujar, AGP for the
                      Respondent – State.
                      Mr. S. V. Gavand a/w. Mr. P. H. Gaikwad Patil, for Respondent
                      Nos.6 and 7-Zilla Parishad, Pune.
                      Mr. Bhausaheb Jagannath Wanave, Petitioner No.3, is present in
                      Court.
                      Mr. Ambadas Ashru Narute, Petitioner No.4, is present in Court.


                                          CORAM : RAVINDRA V. GHUGE
                                                                &
                                                   HITEN S. VENEGAVKAR, JJ.

                                               DATE       : 30th APRIL, 2026
                      P.C.:

                      1.            The learned Advocate for the Zilla Parishad has

                      tendered a ready reference chart of all these Petitioners, which

                      indicates that ever since they joined duties in between 1993 to 2000,

                      they have been working in plain areas. The said chart is taken on


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record and marked as ‘X’ for identification.



2.             Having compared ‘X’ with the chart at page 82, it

appears that the Petitioners have conveniently filtered information

from the learned Advocate for the Petitioners. All details, do not

appear to have been transmitted to the learned Advocate for the

Petitioners.



3.             The learned Advocate for the Zilla Parishad and the

learned Additional Government Pleader rely upon an order dated

17/04/2026, passed by this Court in Writ Petition No.3693 of 2026

(Santosh Manik Shinde & Anr. vs. The State of Maharashtra &

Anr.), wherein the Petition filed by Petitioners on identical set of

facts, was disposed off and no relief was granted by the Court.



4.             The learned Senior Advocate submits on instructions

from the learned briefing Advocate that two Petitioners who are

present in the Court hall, namely, Shri Bhausaheb Jagannath

Wanave         (Petitioner No.3) and Shri Ambadas Ashru Narute

(Petitioner No.4), instruct the learned Advocate to withdraw this

Petition on behalf of all the Petitioners.


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5.          In view of the above, this Petition is disposed off as

withdrawn, on instructions.




(HITEN S. VENEGAVKAR, J.)               (RAVINDRA V. GHUGE, J.)




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