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Bombay High Court

VIMAL BHAU BHUSAREversusDIRECTOR OF MARKETING INDIAN OIL CORPORATION LTD AND ORS

Disposal
Disposed Off

Holding

The writ petition was dismissed because the matter involved disputed questions of fact, which are not suitable for adjudication in a writ proceeding.

Summary

Petitioner Vimal Bhau Bhusare filed a writ petition challenging the allotment of a retail outlet dealership to Respondent No.3 on the ground that the caste certificate submitted by the latter was fabricated. The petitioner relied on a communication from the Tahsildar of Baitul stating that no record of issuance of the certificate existed. The Court observed that the dispute centered on factual issues regarding the authenticity of the caste certificate and the consequent allotment. Since such factual disputes are not amenable to adjudication through a writ petition, the Court declined to entertain the petition. The petition was disposed of, with liberty granted to the petitioner to pursue appropriate proceedings.

Issues considered

  • Can a writ petition be entertained when the core issue involves a dispute of fact concerning the authenticity of a caste certificate?
  • Is the High Court empowered to intervene in the allotment of a retail outlet dealership based solely on alleged forgery of a document?

Subjects

  • caste certificate
  • forgery
  • retail outlet dealership
  • writ petition
  • factual dispute
  • administrative law

Judgment

2026:BHC-KOL:8621-DB

                                                                       35-WP-628-2026(C).doc


                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIRCUIT BENCH AT KOLHAPUR
                                     CIVIL APPELLATE JURISDICTION

                                     WRIT PETITION NO. 628 OF 2026

               Vimal Bhau Bhusare                                       ...Petitioner
                         Versus
               Director Of Marketing Indian Oil Corporation Ltd         ...Respondents
               And Ors.
                                              ——————
               Mr. Machindra Patil, for the Petitioner.
               Mr. Siddheshwar B. Kalel, AGP for the Respondent-State.
                                             ——————
                                              CORAM : SHARMILA U. DESHMUKH &
                                                          NEERAJ P. DHOTE, JJ.

                                               DATE       :   SEPTEMBER 07, 2026.

               P. C. :

               1.        By the present Petition, the Petitioner seeks to challenge the

               allotment of the Retail Outlet Dealership to Respondent No. 3 on the

               ground that the caste certificate which has been submitted by

               Respondent No.3 is a fabricated document, by relying upon a

               communication by the Tahsildar, Baitul, that it does not have the record

               of the caste certificate being issued. The issue in the present petition

               would involve disputed questions of fact as regards the issuance of the

               caste certificate by the Tahsildar, Baitul, and the consequent allotment

               based on the same. We are not inclined to entertain the petition in view

               of such disputed questions of facts.


               Jamadar-SL                        1 of 2
                                                       35-WP-628-2026(C).doc


2.     The petition is disposed of with liberty to the petitioner to adopt

appropriate proceedings.




 [NEERAJ P. DHOTE, J.]                    [SHARMILA U. DESHMUKH, J.]




Jamadar-SL                       2 of 2


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