Ram Dattu Koli v. State Of Maharashtra Through Its Secretary, Home Dept. And ANR.

Rane 1/2 WP-8618-2015 (sr.22) 3.12.2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8618 OF 2015 Ram Dattu Koli

...Petitioner

V/s.

State of Maharashtra & Ors.

....Respondents ***** Mr. T.V. Jadhav I/by. Mr. R.K. Mendadkar, Advocate for the petitioner.

Mr. P.G. Sawant, AGP for respondents no.1 and 2. Coram : A.S. Oka, & Sandeep K. Shinde, JJ.

Monday, 3 rd December, 2018.

P.C. :

1.

The learned Counsel for the petitioner seeks time. 2.

The only substantive prayer made in this petition under Article 226 of the Constitution of India is prayer clause (a) which reads thus :

"a) This Hon'ble Court be pleased to issue a writ of mandamus and/or any other writ, order or

Rane 2/2 WP-8618-2015 (sr.22) 3.12.2018 directions in the nature of mandamus thereby directing the Respondent No.2 Superintendent of Police to protect the services of the petitioner in the light of judgments of the Full Bench of this Hon'ble Court, Bench at Nagpur in the case of Arun Sonene vs. State of Maharashtra reported in 2015(1) Mh.L.J. 457.

3.

The aforesaid decision of the Full Bench has been expressly overruled by the decision of the Apex Court in the case of Chairman and Managing Director, Food Corporation of India and Ors. V/s. Jagdish Balaram Bahira and Ors. (2017) 4 Mh.L.J. 898. Clause (x) of para-57 of the said decision specifically overrules the aforesaid Full Bench Judgment of which implementation is sought by the prayer clause (a). Hence, no relief can be granted in terms of prayer clause (a). The petition is rejected.

(SANDEEP K. SHINDE, J) (A.S. OKA, J)