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Bombay High Court

INDU VISHWANATHRAO JADHAVversusTHE STATE OF MAHARASHTRA AND ANOTHERS

Disposal
DISPOSED OFF

Holding

The writ petition is dismissed as the petitioner is disinterested and has an alternative statutory remedy.

Summary

The petitioner, Indu Vishwanathrao Jadhav, filed a writ petition challenging a termination order. The court attempted to serve notice but could not locate the petitioner, and noted that the petition had not been pursued since 2016, indicating lack of interest. The court observed that the petitioner has an alternative statutory remedy, rendering the writ petition unnecessary. Consequently, the court declined to entertain the petition under its writ jurisdiction. The petition was therefore dismissed and disposed of.

Issues considered

  • Whether the writ petition challenging the termination order should be entertained despite the petitioner's non-appearance and availability of alternative statutory remedies.

Subjects

  • writ petition
  • termination order
  • jurisdiction
  • notice
  • non-appearance
  • alternative remedy
  • dismissal

Judgment

2026:BHC-AUG:37158-DB

                                                                             5 WP NO. 8343 OF 2016


                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           BENCH AT AURANGABAD
                                      WRIT PETITION NO. 8343 OF 2016
                                          Indu Vishwanathrao Jadhav
                                                    VERSUS
                                    The State Of Maharashtra And Anothers
                                                      …
                       •   Mr. S. R. Yadav-Lonikar, AGP for Respondents - State
                                                      …
                                                     CORAM : KISHORE C. SANT &
                                                               JITENDRA JAIN, JJ.
                                                   DATE     : 17th AUGUST, 2026
                PER COURT :

                1.           By an order dated 08.06.2026, notice was issued to the
                petitioner, as the learned Advocate appearing for the petitioner has
                since been elevated as a Judge of the Bombay High Court, Bench at
                Aurangabad. However, the said notice could not be served, as the
                petitioner was not found at the address mentioned in the petition, as
                reflected from the bailiff's report.
                2.           It further appears that since the year 2016, the petition has
                not been circulated. The aforesaid circumstances clearly indicate that
                the petitioner is not interested in prosecuting the present petition.
                3.           Apart from the above, the petition challenges an order of
                termination. The petitioner has an alternative statutory remedy
                available under law. Therefore, even otherwise, this Court is not
                inclined to entertain the present petition in exercise of its writ
                jurisdiction.
                4.           In view of the above, the writ petition deserves to be
                dismissed and is accordingly disposed of.



                 [JITENDRA JAIN, J.]                             [KISHORE C. SANT, J.]


                Jhs/                                                                         1/1


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