Anil Digamber Bhosale And ORS. v. The State Of Maharashtra Through Its Secretary Tribal Development Dept And ORS.

1 13-WP-1470-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1470 OF 2024 Anil Digamber Bhosale And Ors.

...Petitioners

Versus

The State of Maharashtra and Ors.

...Respondents

**** Mr. Vishal Kadam a/w Dhanraj Lodha for the Petitioners. Mr. S.B. Kalel, AGP for the Respondents.

**** SNEHA NITIN CHAVAN by SNEHA NITIN CHAVAN Date: 2024.02.12 19:48:36 +0530 CORAM : NITIN JAMDAR AND M.M.SATHAYE, JJ.

DATE : 8 FEBRUARY 2024 P.C. :

.

The Petitioners have relied upon the order passed by the Maharashtra Administrative Tribunal granting interim relief to the persons similarly situated as the Petitioners. It is asserted that those are similarly situated as the Petitioners. That being the position, nothing is shown to us, as to why the Petitioners cannot approach the Maharashtra Administrative Tribunal. Merely because a notice is issued in one petition in this Court and an ad-interim order is granted, cannot be a reason to overlook the binding decision of the Constitution Bench of the Hon'ble Supreme Court in the matter of L. Chandrakumar v/s. Union of India1. The ad-interim order does (1997) 3 SCC 261 Sneha Chavan

2 13-WP-1470-2024.doc not refer to this decision.

2.

Keeping all contentions open, if and when the Petitioners approach the Maharashtra Administrative Tribunal, as the other similarly situated persons have done, we dispose of this petition. (M.M.SATHAYE, J.) (NITIN JAMDAR, J.) Sneha Chavan