Bombay High Court
GOKUL WAMANRAO RATHODversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- DISPOSED OFF
Holding
Petitioners must first approach the appropriate authority for ACPs benefits before seeking relief from the court.
Summary
The petitioners filed writ petitions seeking the benefits of the ACPs scheme, alleging that the authorities had not granted them such benefits. The Attorney General opposed, contending that the petitioners had not first made any representation to the relevant authorities and had approached the court directly. The bench held that the petitioners must first approach the appropriate authority before seeking judicial intervention. Consequently, the court kept the petitioners' right open to make such representations and disposed of the petitions. The court further directed that any application made to the authorities should be decided within eight weeks.
Issues considered
- Whether petitioners can directly approach the High Court for benefits under the ACPs scheme without first making a representation to the concerned authorities.
Subjects
- ACPs scheme
- writ petition
- administrative law
- jurisdiction
- representation
- statutory benefits
Judgment
2026:BHC-AUG:44613-DB
1 WP / 2884 / 2020 +
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
46 WRIT PETITION NO. 2884 OF 2020
LIMBAJI RAMA RATHOD AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
AND
49 WRIT PETITION NO. 3022 OF 2021
SURESH NARSING HUGGE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
AND
52 WRIT PETITION NO. 9190 OF 2021
GOKUL WAMANRAO RATHOD
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
AND
55 WRIT PETITION NO. 13427 OF 2021
KESHAV KASHINATH NAGRE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for petitioners : Mr. D.S. Kudle (in all WPs)
Addl.GP for the respondent – State : Mr. P.S. Patil
...
CORAM : KISHORE C. SANT AND
JITENDRA JAIN, JJ.
DATE : 28 SEPTEMBER 2026
PER COURT :
The petitioners are seeking benefits of ACPs scheme,
however, learned AGP vehemently opposes the Petitions by submitting
2 WP / 2884 / 2020 +
that petitioners have not made any representation/s to the authorities
seeking benefits under the ACPs and have directly approached this
Court.
2. By keeping the rights of the petitioner/s open to approach
the appropriate authority, the petitions are disposed of.
3. If any application/s / representation/s is / are made to the
authorities, the authorities to consider in accordance with law within a
period of eight (8) weeks from the date of making such application/s.
[ JITENDRA JAIN ] [ KISHORE C. SANT ]
JUDGE JUDGE
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