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Bombay High Court

SUMAN MALHARI MOHITE ALIAS SUMAN MANOHARS BORADEversusSTATE OF MAHARASHTRA THR ITS PRINCIPAL SECRETARY SOCIAL JUSTICE AND ORS

Decided
Disposal
Disposed Off

Holding

The Court held that the petitioners may prefer a further appeal before the District Collector in accordance with the Government Resolution.

Summary

The petitioners, Sainath Sanjay Bodkhe and Suman Malhari Mohite, filed a writ petition challenging an order of the Sub Divisional Officer. The respondents, the State of Maharashtra and others, contended that the order was final. The Court examined the Government Resolution dated 12 February 2019, which provides a mechanism for a further appeal against such orders. It held that the resolution indeed permits an appeal to the District Collector. Consequently, the writ petition was disposed, granting the petitioners liberty to file an appeal before the District Collector as per the resolution.

Issues considered

  • What is the appropriate forum for a further appeal against the order of the Sub Divisional Officer under the Government Resolution dated 12 February 2019?

Subjects

  • writ petition
  • further appeal
  • government resolution
  • administrative law
  • district collector

Judgment

                                                                           31 WP-9321-26.DOC

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CIVIL APPELLATE JURISDICTION

                                    WRIT PETITION NO. 9321 OF 2026

SAINATH
SANJAY             Suman Malhari Mohite
BODKHE             @ Suman Manohars Borade                                    ..Petitioner
Digitally signed
by SAINATH
SANJAY BODKHE
Date: 2026.07.27
19:53:15 +0530
                           Versus

                   State of Maharashtra & ors.                         …Respondents

                   Mr. Sumit Kothari, for the Petitioner.

                   Mr. O A Chandurkar, Addl. GP a/w Mr. Y D Patil, AGP for
                        State.

                   Mr. Drupad Patil, for Respondent No.4.

                                              CORAM :        N. J. JAMADAR, J.
                                              DATE     :     27th July 2026

                   P.C.:

                   1.      Heard the learned Counsel for the petitioner.

                   2.      In the Government Resolution, there is a provision for

                   further appeal against the order passed by the Sub Divisional

                   Of=cer.

                   3.      The Writ Petition stands disposed with liberty to the

                   petitioner to prefer an appeal before the District Collector in

                   terms of the Government Resolution dated 12th February 2019.



                                                              [N. J. JAMADAR, J.]



                   SAINATH, PA                         1/1


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