Anna Dhondiba Binwade Died Through Lrs Subhadrabai Annasaheb Binwade v. The State Of Maharashtra Through Its Principal Secretary And Others
2025:BHC-AUG:7208-DB ( 1 ) 49-WP-3228-25
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 49 WRIT PETITION NO. 3228 OF 2025 ANNA DHONDIBA BINWADE DIED THROUGH LRS SUBHADRABAI ANNASAHEB BINWADE
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS ...
Advocate for the Petitioner : Mr. P. D. Bachate AGP for Respondent-State : Mr. S. V. Hange ...
CORAM
: MANGESH S. PATIL & PRAFULLA S. KHUBALKAR , JJ.
DATE : 10.03.2025 PER COURT :- 1.
Heard the learned advocate for the petitioner. The legal representative of the freedom fighter who was getting freedom fighter's pension under the scheme of state government, are aggrieved by stoppage of pensionary benefits pursuant to enquiry conducted by the Divisional Commissioner and his report regarding fraud in obtaining such benefits. 2.
It is being pointed out that in similar set of facts, when similar petitions were filed by the petitioners therein, after dismissal the writ petition, they had approached the Supreme Court and based on facts and
( 2 ) 49-WP-3228-25 circumstances, in purported exercise of the powers under Article 142 of the Constitution of India the challenge was upheld. 3.
The division bench of this Court in the matter of Ambadas Maruti Wanve in writ petition No. 2384 of 2011 with connected writ petitions decided at this bench on 17.11.2014, precisely for the same reason, had dismissed the petitions. Two other matters have also been dismissed subsequently viz. writ petition No. 4043 of 2015 (Karbhari Shivram Sanap and others vs. State of Maharashtra and others) on 09.04.2015 and writ petition No. 14816 of 2017 (Sandipan Kondiba Gholave vs. The State of Maharashtra and others) on 20.12.2017. 4.
The learned advocate for the petitioner submits that since several persons have received the benefit since the Supreme Court has allowed the SLP's in exercise of the powers under Article 142 of the Constitution of India, even the present petition may be dismissed, so that he can approach the Supreme Court.
5.
The writ petition is dismissed.
(PRAFULLA S. KHUBALKAR, J.) (MANGESH S. PATIL, J.) PRW