Created by Fuzzy Cloud

Bombay High Court

VITTAL BABURAO DHIKALE AND ORSversusTHE STATE OF MAHARASHTRA, THROUGH CHIEFF SECRETARY, GENERAL ADMINISTRATIVE DEPT AND ORS

Decided
Disposal
Dismissed

Holding

The petition is dismissed as the earlier Full Bench decision is binding and no surviving issue remains.

Summary

The petitioners challenged a Government Resolution issued by the State of Maharashtra, alleging it was unlawful. The respondents argued that the resolution had already been upheld by a Full Bench decision in Deshmukh Dilipkumar Bhagwan & Others v. State of Maharashtra (2019). The Court noted that the earlier Full Bench judgment was binding on the present matter. Consequently, the Court found no need for further adjudication of the petition. It disposed of the writ petition without costs, while reserving the petitioners' right to seek revival if any issue survived the earlier decision.

Issues considered

  • Whether the impugned Government Resolution is invalid in view of the Full Bench decision in Deshmukh Dilipkumar Bhagwan & Others v. State of Maharashtra.

Subjects

  • writ petition
  • government resolution
  • full bench precedent
  • binding decision
  • revival of petition

Judgment

                                                                           238-WP-859-14.DOC



              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION

                         WRIT PETITION NO.859 OF 2014


Vittal Baburao Dhikale And Ors                            ...Petitioners
       Versus
The State Of Maharashtra,
Through Chieff Secretary,
General Administrative Dept
And Ors                                                   ...Respondents

                                   _______
Ms. Priyanka Shaw i/b. Kirankumar Phakade, for Petitioners.
Mr. O.A. Chandurkar, Addl.GP a/w. Smt. N.M.Mehra, AGP,
for Respondent/State.
                                        _______

                              CORAM:         G. S. KULKARNI &
                                             AARTI SATHE, JJ.

                              DATE:          25 JUNE 2026

P.C.

1.     This Petition is listed today for final hearing.

2.     Learned AGP submits that the impugned Government Resolution has

already been upheld by this Court in the Full Bench decision in Deshmukh

Dilipkumar Bhagwan & Others v. State of Maharashtra , 2019 (3) Mh.L.J. 903,

decided on 30th April 2019.

3.     In view of the aforesaid binding decision, further adjudication of the present

Petition is not called for.

4.     However, if any issue is found to survive notwithstanding the aforesaid

decision, liberty is reserved to the Petitioner to apply for revival of the present Writ



                                    Page 1 of 2
Mane
                                                                   238-WP-859-14.DOC



Petition.

5.     The Writ Petition is, accordingly, disposed of. No costs.




       (AARTI SATHE, J.)                         (G. S. KULKARNI, J.)




                                   Page 2 of 2
Mane


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.