Ajay Govindswami Dara v. The State Of Maharashtra Thru Secretary, Tribal Development Dept. And ANR

2023:BHC-AS:26520-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1131 OF 2019 Ajay Govindswami Dara

...Petitioner

V/s.

The State of Maharashtra & Ors.

...Respondents

WITH INTERIM APPLICATION NO. 9911 OF 2022 WITH INTERIM APPLICATION NO. 9912 OF 2022 ---- Mr. R. K. Mendadkar a/w. Ms. Komal Gaikwad for Petitioner Mr. N. V. Bandiwadekar, Sr. Advocate i/b. Ms. Renuka Kavedia for Applicant in IA/3311/22.

Mr. N. V. Bandiwadekar, Sr. Advocate i/b. Ms. Deepali Bagla for Applicant in IA/9912/2023.

Mr. V. M. Mali, AGP for Respondent Nos.1 & 2-State. ---- CORAM : SUNIL B. SHUKRE, AND FIRDOSH P. POONIWALLA, J.J.

DATE : 8th SEPTEMBER 2023 P.C.

1.

We find that the order passed by Scrutiny Committee, Amaravati has been challenged in the Petition. That being so, this Court does not have any territorial jurisdiction over the subject matter of the Petition and therefore this Petition would have to be dismissed as not maintainable here with necessary liberty granted to the Petitioner. 2.

Petition stands dismissed with liberty to the Petitioner to file a fresh Petition on the same cause of action before the forum having Ashvini Kakde page 1 of 2 905-wp-1131-20192.doc

territorial jurisdiction over the subject matter of the Petition. Similar liberty is granted to the intervene-applicants.

3.

The Interim Applications stand disposed of in terms of the final order passed in the Petition.

(FIRDOSH P. POONIWALLA, J.) (SUNIL B. SHUKRE, J.) Ashvini Kakde page 2 of 2 905-wp-1131-20192.doc