Sharad Kacharu Ghuge And Others v. The State Of Maharashtra Through Its Secretary And Others

2025:BHC-AUG:35329 49-WP-5166-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 5166 OF 2023 Sharad Kacharu Ghuge And Others

VERSUS

The State Of Maharashtra Through Its Secretary And Others ...

Mr. A. N. Nagargoje, Advocate for the Petitioner Mr. B. B. Bhise, AGP for Respondent Nos. 1 and 2 ***

CORAM

: SIDDHESHWAR S. THOMBRE, J DATE : DECEMBER 15, 2025 PC :

1.

Heard learned counsels for respective parties. 2.

By way of present petition, petitioner assails the order dated 13.01.2023 passed by the Sub-Divisional Officer, Sangamner, whereby, the application filed by the Respondent No. 2 in Parent Application No. 31/2022 came to be allowed.

3.

Learned AGP raised preliminary objection about maintainability of the petitioner by pointing out Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and submit that petitioner is having remedy of filing appeal.

4.

In view thereof, petition is disposed of as not maintainable. 5.

Liberty is granted to the petitioner to file appeal within a period

49-WP-5166-2023.odt of six weeks from today.

6.

Period spent in prosecuting the present petition shall be taken into consideration by the Appellate Authority while considering an application for condonation of delay.

(SIDDHESHWAR S. THOMBRE, J.) Umesh